One Hundred and Twenty-Second Legislature s8

LEGISLATIVE RECORD - HOUSE, April 28, 2006

ONE HUNDRED AND TWENTY-SECOND LEGISLATURE 27th, Tuesday, March 28th, Wednesday, March 29th, Thursday, SECOND REGULAR SESSION March 30th, Friday, March 31st, Monday, April 3rd, Tuesday, 45th Legislative Day April 4th, Wednesday, April 5th, Thursday, April 6th, Friday, April Friday, April 28, 2006 7th, Monday, April 10th, Tuesday, April 11th, Wednesday, April 12th, Thursday, April 13th and Friday, April 14th for health The House met according to adjournment and was called to reasons. order by the Speaker. READ and PASSED. Prayer by Honorable Herbert Adams, Portland. ______National Anthem by Donna Campion, Wilton. Pledge of Allegiance. SPECIAL SENTIMENT CALENDAR The Journal of yesterday was read and approved. In accordance with House Rule 519 and Joint Rule 213, the ______following items: Recognizing: COMMUNICATIONS the Junior League of Portland, on its more than 80 years of The Following Communication: (H.C. 451) community service to the people of Maine's largest city, Portland. STATE OF MAINE The Junior League is a nonprofit organization of women ONE HUNDRED AND TWENTY-SECOND LEGISLATURE committed to promoting voluntarism, developing the potential of COMMITTEE ON APPROPRIATIONS AND FINANCIAL women and improving the community through the effective action AFFAIRS and leadership of trained volunteers. Since 1922, the Junior April 27, 2006 League of Portland has been actively involved in numerous Honorable Beth Edmonds, President of the Senate projects. It founded the Children's Museum of Maine, the Honorable John Richardson, Speaker of the House Children's Theatre of Maine and the Parenting Center at the 122nd Maine Legislature University of Southern Maine. It initiated the first school State House volunteer program in Maine and Project Kids in Safe Seats, Augusta, Maine 04333 which led to the passage of legislation mandating the use of seat Dear President Edmonds and Speaker Richardson: belts. Members of the Junior League of Portland restored rooms Pursuant to Joint Rule 310, we are writing to notify you that the at the Sweat Mansion, Daniel-Howe House and Victoria Mansion. Joint Standing Committee on Appropriations and Financial Affairs The Junior League of Portland was a charter-funding source for has voted unanimously to report the following bills out "Ought Not the Center for Grieving Children and the Preble Street Resource to Pass": Center. We acknowledge the remarkable contributions of the L.D. 78 An Act To Fund the Acquisition of Land by the Junior League of Portland to the community. Its work exemplifies Land for Maine's Future Board from the the Maine character, and we congratulate the Junior League of General Fund Portland on its success through many years of service; L.D. 198 An Act To Enhance the Role of the Fogler (HLS 1895) Library as the Research Library for the State of Presented by Representative CUMMINGS of Portland. Maine Cosponsored by Representative BRAUTIGAM of Falmouth, L.D. 544 An Act To Ensure Statewide Access for Representative MARLEY of Portland, Representative HARLOW Schools and Libraries to On-line Reference of Portland, Representative BRANNIGAN of Portland, Materials and Periodicals Representative EDER of Portland, Representative ADAMS of L.D. 844 An Act To Authorize a General Fund Bond Portland, Representative DUDLEY of Portland, Senator Issue to Stimulate Maine's Economy STRIMLING of Cumberland, Senator BRENNAN of Cumberland. L.D. 997 An Act To Authorize a General Fund Bond On OBJECTION of Representative CUMMINGS of Portland, Issue To Match Available Federal Funds To was REMOVED from the Special Sentiment Calendar. Repair and Upgrade Maine National Guard READ. Armories L.D. 1035 An Act To Authorize a General Fund Bond Issue To Provide Funds for the Land for Maine's Future Program L.D. 1311 An Act To Preserve the Integrity of the Fund for a Healthy Maine L.D. 1703 An Act To Provide Supplemental Funding for Mileage Reimbursement for Volunteers for the Meals on Wheels Programs L.D. 1737 An Act To Provide Funding for the Construction of a Regional Career Center L.D. 1960 An Act To Authorize a General Fund Bond Issue To Create a Block Grant Program To Promote Economic and Cultural Development We have also notified the sponsors and cosponsors of each bill listed of the Committee's action. Sincerely, S/Sen. Margaret Rotundo Senate Chair S/Rep. Joseph C. Brannigan House Chair READ and ORDERED PLACED ON FILE. ______

Representative SHIELDS of Auburn assumed the Chair. The House was called to order by the Speaker Pro Tem. ______

ORDERS On motion of Representative WHEELER of Kittery, the following House Order: (H.O. 62) ORDERED, that Representative Richard D. Blanchard of Old Town be excused Friday, April 14th for personal reasons. AND BE IT FURTHER ORDERED, that Representative James M. Schatz of Blue Hill be excused Friday, April 14th for health reasons. AND BE IT FURTHER ORDERED, that Representative Deborah L. Simpson of Auburn be excused Thursday, April 6th and Friday, April 7th for legislative business. AND BE IT FURTHER ORDERED, that Representative Vaughn A. Stedman of Hartland be excused Monday, March

H-157 LEGISLATIVE RECORD - HOUSE, April 28, 2006

Eliot, Representative LINDELL of Frankfort, Representative On motion of the same Representative, TABLED pending LUNDEEN of Mars Hill, Representative MAKAS of Lewiston, PASSAGE and later today assigned. Representative MAREAN of Hollis, Representative MARLEY of ______Portland, Representative MARRACHÉ of Waterville, Senator MARTIN of Aroostook, Senator MAYO of Sagadahoc, Recognizing: Representative MAZUREK of Rockland, Representative Louise Kiesow, of Augusta, who is retiring as Special McCORMICK of West Gardiner, Representative McFADDEN of Assistant in the House Majority Office. Ms. Kiesow has worked in Dennysville, Representative McKANE of Newcastle, state government for 26 years. She began her career in the Representative McKENNEY of Cumberland, Representative Department of Agriculture in 1979 and came to the Legislature as McLEOD of Lee, Representative MERRILL of Appleton, a Legislative Aide in 1989. She has been a Special Assistant Representative MILLER of Somerville, Representative MILLETT since 2000. Her institutional knowledge and attention to detail of Waterford, Representative MILLS of Farmington, Senator have made her an invaluable asset to the House Majority Office MILLS of Somerset, Representative MOODY of Manchester, for more than 17 years. She is respected and well-liked by all her Representative MOORE of the Passamaquoddy Tribe, coworkers and is known for her effective leadership, even under Representative MOORE of Standish, Representative MOULTON the most trying of circumstances. Louise has filled a niche in the of York, Representative MUSE of Fryeburg, Representative House Majority Office as an ambassador to the County and to the NASS of Acton, Senator NASS of York, Representative French-speaking delegations and she has been a friend and NORTON of Bangor, Senator NUTTING of Androscoggin, confidante to many. We acknowledge her dedicated service to Representative NUTTING of Oakland, Representative O'BRIEN the State and send her our best wishes in her future endeavors; of Lewiston, Representative OTT of York, Representative (HLS 1898) PARADIS of Frenchville, Representative PATRICK of Rumford, Presented by Representative DUPLESSIE of Westbrook. Representative PERCY of Phippsburg, Representative PERRY of Cosponsored by Senator MITCHELL of Kennebec, Calais, Senator PERRY of Penobscot, Representative PILON of Representative DAVIS of Augusta, Representative LERMAN of Saco, Representative PINEAU of Jay, Representative PINGREE Augusta, Representative BROWNE of Vassalboro, of North Haven, Representative PINKHAM of Lexington Representative ADAMS of Portland, Senator ANDREWS of York, Township, Representative PIOTTI of Unity, Senator PLOWMAN Representative ANNIS of Dover-Foxcroft, Representative ASH of of Penobscot, Representative PLUMMER of Windham, Senator Belfast, Representative AUSTIN of Gray, Representative RAYE of Washington, Representative RECTOR of Thomaston, BABBIDGE of Kennebunk, Representative BARSTOW of Representative RICHARDSON of Carmel, Representative Gorham, Senator BARTLETT of Cumberland, Representative RICHARDSON of Greenville, Speaker RICHARDSON of BEAUDETTE of Biddeford, Representative BERUBE of Lisbon, Brunswick, Representative RICHARDSON of Skowhegan, Representative BIERMAN of Sorrento, Representative BISHOP Representative RICHARDSON of Warren, Representative RINES of Boothbay, Representative BLANCHARD of Old Town, of Wiscasset, Representative ROBINSON of Raymond, Representative BLANCHETTE of Bangor, Representative BLISS Representative ROSEN of Bucksport, Senator ROSEN of of South Portland, Representative BOWEN of Rockport, Hancock, Senator ROTUNDO of Androscoggin, Representative Representative BOWLES of Sanford, Representative SAMPSON of Auburn, Senator SAVAGE of Knox, Representative BRANNIGAN of Portland, Representative BRAUTIGAM of SAVIELLO of Wilton, Representative SCHATZ of Blue Hill, Falmouth, Senator BRENNAN of Cumberland, Senator Senator SCHNEIDER of Penobscot, Representative SEAVEY of BROMLEY of Cumberland, Representative BROWN of South Kennebunkport, Representative SHERMAN of Hodgdon, Berwick, Senator BRYANT of Oxford, Representative BRYANT of Representative SHIELDS of Auburn, Representative SIMPSON Windham, Representative BRYANT-DESCHENES of Turner, of Auburn, Representative SMITH of Monmouth, Representative Representative BURNS of Berwick, Representative CAIN of SMITH of Van Buren, Senator SNOWE-MELLO of Androscoggin, Orono, Representative CAMPBELL of Newfield, Representative Representative SOCKALEXIS of the Penobscot Nation, CANAVAN of Waterville, Representative CARR of Lincoln, Representative STEDMAN of Hartland, Senator STRIMLING of Representative CEBRA of Naples, Representative CHURCHILL Cumberland, Senator SULLIVAN of York, Representative SYKES of Washburn, Representative CLARK of Millinocket, Representative CLOUGH of Scarborough, Senator CLUKEY of Aroostook, Representative COLLINS of Wells, Senator COURTNEY of York, Senator COWGER of Kennebec, Representative CRAVEN of Lewiston, Representative CRESSEY of Cornish, Representative CROSBY of Topsham, Representative CROSTHWAITE of Ellsworth, Representative CUMMINGS of Portland, Representative CURLEY of Scarborough, Representative CURTIS of Madison, Representative DAIGLE of Arundel, Senator DAMON of Hancock, Representative DAVIS of Falmouth, Senator DAVIS of Piscataquis, Senator DIAMOND of Cumberland, Senator DOW of Lincoln, Representative DRISCOLL of Westbrook, Representative DUCHESNE of Hudson, Representative DUDLEY of Portland, Representative DUGAY of Cherryfield, Representative DUNN of Bangor, Representative DUPREY of Hampden, Representative EBERLE of South Portland, Representative EDER of Portland, Representative EDGECOMB of Caribou, President EDMONDS of Cumberland, Representative EMERY of Cutler, Representative FAIRCLOTH of Bangor, Representative FARRINGTON of Gorham, Representative FINCH of Fairfield, Representative FISCHER of Presque Isle, Representative FISHER of Brewer, Representative FITTS of Pittsfield, Representative FLETCHER of Winslow, Representative FLOOD of Winthrop, Senator GAGNON of Kennebec, Representative GERZOFSKY of Brunswick, Representative GLYNN of South Portland, Representative GOLDMAN of Cape Elizabeth, Representative GREELEY of Levant, Representative GROSE of Woolwich, Representative HALL of Holden, Representative HAMPER of Oxford, Representative HANLEY of Paris, Representative HANLEY of Gardiner, Representative HARLOW of Portland, Senator HASTINGS of Oxford, Senator HOBBINS of York, Representative HOGAN of Old Orchard Beach, Representative HOTHAM of Dixfield, Representative HUTTON of Bowdoinham, Representative JACKSON of Allagash, Representative JACOBSEN of Waterboro, Representative JENNINGS of Leeds, Representative JODREY of Bethel, Representative JOY of Crystal, Representative KAELIN of Winterport, Representative KOFFMAN of Bar Harbor, Representative LANSLEY of Sabattus, Representative LEWIN of

H-158 LEGISLATIVE RECORD - HOUSE, April 28, 2006 of Harrison, Representative TARDY of Newport, Representative I've known her since I've been here over 17 years and I can tell THOMAS of Ripley, Representative THOMPSON of China, you having her as a staff person at no time did I ever, ever have Representative TRAHAN of Waldoboro, Senator TURNER of to check her work, she always had to check mine. She's the Cumberland, Representative TUTTLE of Sanford, Representative backbone, she's the strength, she is an individual that we all love TWOMEY of Biddeford, Representative VALENTINO of Saco, and dear to our hearts, particularly on our side of the aisle and Representative VAUGHAN of Durham, Representative the other side of the aisle, if you know her, you'd feel the same WALCOTT of Lewiston, Representative WATSON of Bath, way that we do. She's from the old school, she's a hard worker, Representative WEBSTER of Freeport, Senator WESTON of and she knows what work is all about. At any given time I used Waldo, Representative WHEELER of Kittery, Representative to spend time up there reminiscing of the days of old of our WOODBURY of Yarmouth, Senator WOODCOCK of Franklin. families in Aroostook County and just things in general, from On OBJECTION of Representative DUPLESSIE of being laid off from work, you name it. Louise was always there to Westbrook, was REMOVED from the Special Sentiment listen to our needs and our concerns. I can honestly tell you from Calendar. this end of the aisle, we are going to miss "Weezie" READ. tremendously. Everybody can be replaced, but I don't think we'll The SPEAKER PRO TEM: The Chair recognizes the ever, ever forget the hard work that she gave the State of Maine Representative from Westbrook, Representative Duplessie. and the people of this great State and the people of her county. Representative DUPLESSIE: Thank you Mr. Speaker. Mr. She's extremely family oriented, she's going to be going back Speaker, Ladies and Gentlemen of the House. It gives me a home and spending some time up north. She constantly talking great honor and pleasure to present this sentiment this morning about Aroostook County, yes we do speak French now and them. to Louise Kiesow. Louise is a native of Aroostook County and I'm kind of glad the good Representative got up and spoke on her like so many individuals of "The County" she's a hard worker, behalf in French. As you know she fluently speaks French and loyal and faithful employee. Louise is an invaluable part of the she's one of us a sole person with that. We're going to miss you House Majority Office, 17 years in the House Majority Office. Louise. Like all good managers, she is part coach, psychologist, nurse, The SPEAKER PRO TEM: The Chair recognizes the teacher, reporter, mentor, best friend, Jill of all trades, referee, Representative from Biddeford, Representative Twomey. reality checker, detail guru and my personal favorite; she Representative TWOMEY: Mr. Speaker, Men and Women of operated, often, like a firefighter. She manages to be at the right the House. I too want to wish "Weezie" a great life. You know place at the right time to extinguish small fires before they get out when you come up here and your called "Honorable" this is a of hand. She has earned the time, now to be a gardener, a world prestigious building, but when you have a girl that you can call traveler, a recreational reader, that she does enjoy, a home "Weezie" that's what I love. Truthfully I'm also getting up to decorator, a jewelry maker, a Grammy, very recently a new speak for my seatmate who can not right now. You're ruining her Grammy and a fulltime wife to her husband Gary, who retired last makeup she said and her heart is too full, but she wants you to year. We all wish Louise the very best for her future endeavors know that she's going to be lost without you. She doesn't know after the State House. We all know that there is life out there, who's going to take care of her the way that you did and she is today some of us may doubt that, but we do know there is life just full of joy for your retirement, but very sad for herself. She after the State House. We wish her so much pleasure and peace thinks the world of you "Weezie," she loves you. We all love you, in enjoying it. On a personal note "Louise, who's also known as so good luck, go fishing and do everything you want, you deserve "Weezie" to many that have known her for many years. I will it. Thanks a lot. miss her personal friendship and confidence. Often talking to The SPEAKER PRO TEM: The Chair recognizes the "Weezie" about, sometimes the traditions and practices of the Representative from Sanford, Representative Tuttle. legislative institution that at times we have found frustrating, a lot Representative TUTTLE: Mr. Speaker, Women and Men of of times new members trying to explain why certain traditions and the House. It is indeed an honor to speak today of the service of certain practices happen the way they happen and yes the Louise Kiesow on her 26 years of public service. The first time I process is slow sometimes because democracy is a slow met Louise was when I was serving in the other body and Louise process. We try to impart traditions of this institution to many. was working for the Department of Agriculture under Sometimes some don't want to accept it but many do in time. The longer people serve; they do realize why the institution is held so long. It is people like "Weezie" that made that so special. She is so special to so many of us. We wish you the best "Weezie." The SPEAKER PRO TEM: The Chair recognizes the Representative from Frenchville, Representative Paradis. Representative PARADIS: Mr. Speaker, Ladies and Gentlemen of the House. Since Louise is of the French ancestry and is bilingual I'd like to say a few words in French to Louise. On te félicite pour ton excellent service pour si longtemps. Tu mérites bien ta retraite. On te souhaite bonne santé, Bonheur, et beaucoup de temps libre. Bonne rtetraite! To recap in English, We congratulate you for your excellent service for such a long time. We wish you good health, happiness and plenty of free time. Happy retirement! Thank you. The SPEAKER PRO TEM: The Chair recognizes the Representative from Portland, Representative Cummings. Representative CUMMINGS: Mr. Speaker, Ladies and Gentlemen of the House. Louise Kiesow has been one of the most constant patient and reassuring figures in the halls of the State House for a longer time than most of us have been here. In the age of term limits, when those of us in the chamber rarely amass a constitutional memory beyond our brief 8 years, Louise has worked for 10 majority leaders and been witness to more recessions and bombs and more changes in priorities and public opinion than most of us remember. It's to that experience and her calming and pleasant demeanor that Louise has coached countless legislators, staffers and yes leaders through the most trying of times and helped them to become better rounded and more prepared for the future. That's why it's important today to the time extend our sincere gratitude and mine personally to a friend Louise Kiesow for the 26 years that she had dedicated to the people of Maine. Louise the Maine Legislature thanks you, I thank you, and we honor you today for all your service. The SPEAKER PRO TEM: The Chair recognizes the Representative from Millinocket, Representative Clark. Representative CLARK: Mr. Speaker, Women and Men of the House. I'd be remise if I sat in my seat and not say anything on behalf of Louise, I always call her "Louweezie" or "Weezie."

Commissioner Bernard Shaw. There are very few people that Preble Street Resource Center and to help Projects in Parenting you meet in Maine State Government who really make a and projects at the Maine Youth Center. If it is true that the difference in the area of public service. Louise has become like a marker of a good life is what you've done to reduce human sister to me and I consider Louise a member of my extended suffering, this group has made a tremendous organization in legislative family. Mr. Speaker, Women and Men of the House, doing just that. It is my honor today to offer a legislative as it says in the sentiment here, "She is respected and well-liked sentiment on behalf on their 80th anniversary. Thank you. by all her coworkers and is known for her effective leadership, Subsequently, this Expression of Legislative Sentiment was even under the most trying of circumstances. Louise has filled a PASSED and sent for concurrence. niche in the House Majority Office as an ambassador of the ______County and to the French-speaking delegations and she has been a friend and confidant to many," including myself. "We Recognizing: acknowledge her dedicated service to the State and send her our Claudette O'Connell, of Brewer, who is the recipient of the best wishes in her future endeavors." May God Bless Louise and Sister Solange Bernier Lifetime Achievement Award given at the the Great State of Maine. Mr. Speaker, if it is in order I would ask Foreign Language Association of Maine Conference. The award that the Sergeant-at-arms escort Louise down the center aisle to recognizes the accomplishments of those who have the well of the House to receive our congratulations. demonstrated excellence in teaching and leadership in the The SPEAKER PRO TEM: Representative from Sanford, teaching profession throughout their careers. Mrs. O'Connell has Representative Tuttle would defer until further remarks are given. taught French at Brewer High School for 30 years. She has The SPEAKER PRO TEM: The Chair recognizes the distinguished herself by serving in leadership roles for Representative from Phippsburg, Representative Percy. professional teacher organizations at the local, state and national Representative PERCY: Mr. Speaker, Ladies and Gentlemen levels. She is respected as a knowledgeable teacher. We of the House. "In song." "Every little breeze seems to whisper extend our congratulations to her on her receiving this award; Louise." Aren't we lucky when we come up here in both of our (HLS 1902) offices, both the House and the Senate end that we have folks Presented by Representative FISHER of Brewer. who are such a core part of our family and Louise is that? Louise Cosponsored by Representative HALL of Holden, is the person that when I go up there and I am distressed, I am Senator ROSEN of Hancock. outraged, I am at the point of giving up hope and Louise is there On OBJECTION of Representative NORTON of Bangor, was to listen and Louise I will be forever grateful for all the Kleenex REMOVED from the Special Sentiment Calendar. you have shared with me and all the pats on the shoulders all the READ. hugs and all the encouragement to keep going forward because The SPEAKER PRO TEM: The Chair recognizes the you believe in the work that we are doing and you are an Representative from Bangor, Representative Norton. enormous part of our support system. P.S. Louise will you Representative NORTON: Mr. Speaker, Colleagues of the please come and help us in the bass tournament? Thank you, House. I rise today to recognize one of my very best friends, Mr. Speaker. Claudette O'Connell. Did you hear that, it's a good Irish name, The SPEAKER PRO TEM: The Chair recognizes the but let me tell you that my dear friend Claudette also comes from Representative from Allagash, Representative Jackson. Northern Maine. Madame O'Connell is a modern and foreign Representative JACKSON: Mr. Speaker, Ladies and language teacher, premier at Brewer High School. She and I Gentlemen of the House. I certainly am not going to try an have something else in common, we both taught at Brewer for attempt to do the little bit of singing like Representative Percy did, many, many years, she for 30 and I for 39 and we both live in but I wanted to get up and give my thanks to Louise and Bangor. I need to tell you that everything the sentiment says is condolences to myself for her not being here any more. I first truly the truth about Claudette O'Connell. I did have the honor of met Louise four years ago when I got down here after a little writing a statement that went into the group that chose the while I really got to know her when I had a constituent that had a recipient of this award for this year and the things that are said in issue in Canada and needed to speak to someone and they the sentiment I included and then more. I will tell you she is one could only speak French and unfortunately I don't speak French. of those selfless people who always are trying to make any That was how I really got to start to know Louise. Being in a French speaking community it made sense that she became my aide, three years ago and since then she certainly became a great mentor and friend to me. Someone I have looked forward to talking to while we are here and while we are out of session. The three years that we've been together how much she's made me look good in my community is really hard to express to her. She certainly made this common logger look a lot better in a lot of people's eyes and I want to thank her for that, especially because of my schedule she let me call her in the evenings to take care of constituent work and just being there for basically anything I needed. I am going to very much miss her. Fortunately she has family in my area and I hope that I'll be able to see her during most times when she is up, but there is no doubt that I'm going to miss you a lot. Congratulations on retiring, but I'm not as happy as a lot of people are. Thank you, Mr. Speaker. Subsequently, the Sentiment was PASSED and sent for concurrence. ______

The Chair laid before the House the following item which was TABLED earlier in today’s session: Expression of Legislative Sentiment recognizing the Junior League of Portland. (HLS 1895) Which was TABLED by Representative CUMMINGS of Portland pending PASSAGE. The SPEAKER PRO TEM: The Chair recognizes the Representative from Portland, Representative Cummings. Representative CUMMINGS: Mr. Speaker, Ladies and Gentlemen of the House. I would like to say something in behalf of the Junior League of Portland. The Junior League this year is celebrating its 80th anniversary and it's a chance for me to publicly and for us to publicly thank them for the tremendous amount of volunteerism, the role that they've played in helping individuals throughout our community those who are disadvantaged, pushing the role of women. Their service for a number of causes that have been tremendous, I think for our community and for our State. They have done things such as helping start the Center for Grieving Children, help move the

H-160 LEGISLATIVE RECORD - HOUSE, April 28, 2006 situation better than it is currently. She has worked her entire that report and Mr. Speaker when the vote is taken I ask for the career for the good of her students, for the good of her yeas and nays. colleagues and to make education in the State of Maine only Representative MILLETT of Waterford REQUESTED a roll better and I just need to tell everyone how proud I am to have call on the motion to ACCEPT the Majority Ought Not to Pass been a part of this award and how proud I am to know Claudette Report. O'Connell. Thank you. More than one-fifth of the members present expressed a The SPEAKER PRO TEM: The Chair recognizes the desire for a roll call which was ordered. Representative from Lewiston, Representative O'Brien. The SPEAKER: The Chair recognizes the Representative Representative O'BRIEN: Mr. Speaker, Men and Women of from Portland, Representative Brannigan. the House. I'm fortunate enough that my son, who went to St. Representative BRANNIGAN: Thank you Mr. Speaker. Mr. Dom's allowed me to meet Sister Solange. I would tell each and Speaker, Men and Women of the House. I hope that you will every one of you that respects a foreign language teacher for vote Ought Not to Pass on this, it's just kind of a general thing what they are able to breathe life into a subject so that the that was put out originally to take out some specific people which students actually like speaking and learning about that foreign was certainly not correct and not certainly anything that we as a culture. Sister Solange was such a person and I think anyone whole Committee wanted to do. Now it's just some general, we'll who has earned that award certainly has put themselves over cut, we've been cutting state workers, and we are down on state and above the regular classroom that they have to work in each workers. I don't see just a blanket, you know, save us a $1 day. I would certainly honor Claudette O'Connell, who has been million by cutting a bunch of workers. It's just not a good bill. able to achieve this award. Thank you, Mr. Speaker. Subsequently, the Sentiment was PASSED and sent for The SPEAKER: A roll call has been ordered. The pending concurrence. question before the House is acceptance of the Majority Ought ______Not to Pass Report. All those in favor will vote yes, those opposed will vote no. The Speaker resumed the Chair. ROLL CALL NO. 538 The House was called to order by the Speaker. YEA - Adams, Ash, Babbidge, Barstow, Beaudette, ______Blanchard, Blanchette, Bliss, Brannigan, Brautigam, Bryant, Burns, Cain, Canavan, Clark, Craven, Cummings, Driscoll, REPORTS OF COMMITTEE Duchesne, Dudley, Dunn, Duplessie, Eberle, Eder, Faircloth, Divided Report Farrington, Fischer, Fisher, Gerzofsky, Goldman, Grose, Majority Report of the Committee on APPROPRIATIONS Hanley S, Harlow, Hogan, Hutton, Jackson, Koffman, Lerman, AND FINANCIAL AFFAIRS reporting Ought Not to Pass on Lundeen, Makas, Marraché, Mazurek, Miller, Mills, Moody, Resolve, To Lower the Cost of State Government by Norton, O'Brien, Paradis, Patrick, Percy, Perry, Pilon, Pineau, Approximately $1,000,000 Annually Pingree, Piotti, Rines, Sampson, Schatz, Smith N, Smith W, (S.P. 457) (L.D. 1330) Thompson, Tuttle, Twomey, Valentino, Walcott, Watson, Signed: Webster, Wheeler, Woodbury, Mr. Speaker. Senators: NAY - Annis, Austin, Bierman, Bishop, Bowen, Bowles, ROTUNDO of Androscoggin Brown R, Browne W, Bryant-Deschenes, Campbell, Carr, Cebra, MARTIN of Aroostook Churchill, Clough, Collins, Cressey, Crosby, Crosthwaite, Curley, Curtis, Daigle, Davis G, Davis K, Duprey, Edgecomb, Emery, Finch, Fitts, Fletcher, Flood, Glynn, Greeley, Hall, Hamper, Representatives: Hanley B, Hotham, Jacobsen, Jodrey, Joy, Kaelin, Lansley, BRANNIGAN of Portland Lewin, Lindell, Marean, Marley, McCormick, McFadden, McKane, DUDLEY of Portland McKenney, McLeod, Merrill, Millett, Moore G, Moulton, Muse, CRAVEN of Lewiston Nass, Nutting, Pinkham, Plummer, Rector, Richardson D, FISCHER of Presque Isle Richardson E, Richardson M, Richardson W, Rosen, Saviello, LERMAN of Augusta MILLS of Farmington

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (S-636) on same Resolve. Signed: Senator: NASS of York

Representatives: MILLETT of Waterford NUTTING of Oakland BOWEN of Rockport CURLEY of Scarborough

Came from the Senate with the Majority OUGHT NOT TO PASS Report READ and ACCEPTED. READ. Representative BRANNIGAN of Portland moved that the House ACCEPT the Majority Ought Not to Pass Report. The SPEAKER: The Chair recognizes the Representative from Waterford, Representative Millett. Representative MILLETT: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Just in brief comments to this bill in terms of what it proposed to do originally and what the Minority Report would do. The title suggests a reduction in the cost of State Government by approximately $1 million a year. In detail what it does and where it comes from an idea that originated in a bill from the Senator from Androscoggin Senator John Nutting, who looking across all of State Government found substantial increase in the number of direct appointments, people who served at the pleasure of the Governor and are considered in our jargon direct appointments. His proposal was to eliminate a specific number of positions by a date certain, originally within the current fiscal year. The report that is signed onto by the Republican members of Appropriations removes the number 8 and simply asks for a reduction that would roll to a $1 million in fiscal ‘07 and thereafter. I know it's a concept that some would support. I ask for your consideration of

Seavey, Sherman, Shields, Simpson, Stedman, Sykes, Tardy, same bill was before the legislature and she says quote, "In Thomas, Trahan, Vaughan. recent years the Legislature has changed the format of some of ABSENT - Berube, Dugay, Jennings, Ott, Robinson. the bond issues from the traditional paragraph format to a Yes, 70; No, 76; Absent, 5; Excused, 0. multiple part format with several numbered items. Although 70 having voted in the affirmative and 76 voted in the some voters have told us that this format makes it easier for them negative, with 5 being absent, and accordingly the Majority to see where the money will be spend other voters have Ought Not to Pass Report was NOT ACCEPTED. complained that they should be able to vote on each part of a Subsequently, the Minority Ought to Pass as Amended multiple part bond question separately since they may have a Report was ACCEPTED. difference opinion than another." There is a fiscal note on this bill The Resolve was READ ONCE. Committee Amendment and it's, I'll read from the fiscal note, it says, "if the number or size "A" (S-636) was READ by the Clerk and ADOPTED. of the referendum question increases the ballot length an Under suspension of the rules, the Resolve was given its additional appropriation of $8,000 or more may be required." So SECOND READING WITHOUT REFERENCE to the Committee in other words, this isn't a bill that will break the bank and it is on Bills in the Second Reading. something that would make your voters very happy. So would Under further suspension of the rules, the Resolve was you please join with me in voting against the proposal that's PASSED TO BE ENGROSSED as Amended by Committee before us. Amendment "A" (S-636) in NON-CONCURRENCE and sent for The SPEAKER: The Chair recognizes the Representative concurrence. ORDERED SENT FORTHWITH. from Portland, Representative Brannigan. ______Representative BRANNIGAN: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. This bill to me is By unanimous consent, all matters having been acted upon vague; it's not sure what we can put together, what we can't put were ORDERED SENT FORTHWITH. together. It is related regional or not, it is only by some subject, ______what subject. We have many water bills of different kinds coming and going, sewer and water and drinking water, etc. Do they all Majority Report of the Committee on APPROPRIATIONS go together or not, who is going to make that decision? What AND FINANCIAL AFFAIRS reporting Ought Not to Pass on Bill about your part of the State, if you're going to have something in "An Act Concerning Multiple-item Bond Issues" a port, what port is it going to be in? Is it all ports, is it only (H.P. 99) (L.D. 123) Searsport or Port-land or East-port, maybe those could be judged Signed: together. I just think that it is too vague and I believe that Senators: something wrong happened when one of those numbers of ROTUNDO of Androscoggin bonds were put together and I certainly regret that. That doesn't MARTIN of Aroostook mean that we should be tied to having every single bond. As far as the appropriations is concerned that is a typical appropriation on anything dealing with bonds. I ask you to support the Ought Representatives: Not to Pass report. Thank you, Mr. Speaker. BRANNIGAN of Portland The SPEAKER: The Chair recognizes the Representative DUDLEY of Portland from Farmington, Representative Mills. CRAVEN of Lewiston Representative MILLS: Thank you Mr. Speaker. Mr. FISCHER of Presque Isle Speaker, Ladies and Gentlemen of the House. I voted in LERMAN of Augusta Committee with the Ought to Pass report, the Minority Ought to Pass, however, I had worked on an amendment last year, with a Minority Report of the same Committee reporting Ought to little bit of egg on my face I rise to say that I'm probably going to Pass as Amended by Committee Amendment "A" (H-1064) change my mind and vote with the Majority on this because I on same Bill. don't believe the language in front of you is sufficient to effect the Signed: purposes of the good gentleman from Scarborough wishes to Senator: achieve. I had worked on an amendment; it is not before you and NASS of York

Representatives: MILLS of Farmington MILLETT of Waterford NUTTING of Oakland BOWEN of Rockport CURLEY of Scarborough

READ. Representative BRANNIGAN of Portland moved that the House ACCEPT the Majority Ought Not to Pass Report. The SPEAKER: The Chair recognizes the Representative from Scarborough, Representative Clough. Representative CLOUGH: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I've brought this bill before the legislature for the past two terms and I hope we can get the support to pass it today. Prior to 1998 we never hid a multiple bond issue on the ballot. Starting in 1998 there was one bond issue with four items on it and 1999 one with five and 2001 one with 10 and 2002 eleven, that was in June and in November we had another one with 14 and 2003 we had a June ballot with 12 items on the same bond vote and another one in November with seven. So it's really getting worse as time goes by and as you look back over these bonds you'll find items on the bonds for example on the 2002 bond a $30,000 item that we were going to bond, that should have been a budget item. People did not have a chance to vote on that item, they had to vote on the entire bond, so that item was included in the approved bond. There was another item for $540,000 still really falls under an expense item, a budget item. As we move along and look at other issues, we've had time and time again $500,000 items that have not had a separate vote. This has been recognized by many people as a problem as we go around and talk to our votes at the polls. People have asked time and time again of me and I know of other legislators, why can't we vote on individual bond issues, why do we have to vote on a package which has many things in it that we do not approve of. I have a copy of testimony given by Julie Flynn of the Secretary of State's Office in 2003 when this

H-162 LEGISLATIVE RECORD - HOUSE, April 28, 2006 probably won't be before you given the time frame. What we wanted to do was talk about categories of bonds, education, By unanimous consent, all matters having been acted upon environmental, highway bonds and that kind of thing. were ORDERED SENT FORTHWITH. Unfortunately, I think everyone agreed that last year when we ______first dealt with this bill last year, we spent many hours on it actually. The current language was not sufficient to achieve the ENACTORS objective intended and so I will be voting against the bill and with Emergency Measure the Majority Ought Not to Pass because the terms unrelated An Act To Enhance the Protection of Maine Families from simply aren't defined as we had wished them to be. I'd be happy Terrorism and Natural Disasters to work on this if I get back here next year, and do a better job of (S.P. 789) (L.D. 2044) it. Thank you. I apologize to the gentleman from Scarborough. (H. "C" H-1035 to C. "A" S-575) The SPEAKER: The Chair recognizes the Representative Was reported by the Committee on Engrossed Bills as truly from Wells, Representative Collins. and strictly engrossed. Representative COLLINS: Thank you Mr. Speaker. Mr. On motion of Representative DUPLESSIE of Westbrook, the Speaker, Ladies and Gentlemen of the House. Last campaign rules were SUSPENDED for the purpose of cycle this was the constant complaint I heard about lumping RECONSIDERATION. together of the bond request on the referendum ballot. People On further motion of the same Representative, the House like to be able to have the opportunity to pick and choose what RECONSIDERED its action whereby the Bill was PASSED TO bond issue they want to support by their vote. I constantly hear BE ENGROSSED as Amended by Committee Amendment this complaint, all the time, back in my district. They complain "A" (S-575) as Amended by House Amendment "C" (H-1035) about the fact that they don't have a choice, lumping these thereto. together. Sometimes they'll vote for it. They know darn well they On further motion of the same Representative, the rules were don't want to vote for it, but there's something in that lumping SUSPENDED for the purpose of FURTHER together that they go ahead and vote for it. Let's give the people RECONSIDERATION. back home an opportunity to pick and chose which bond package On further motion of the same Representative, the House they want to support, leave them separated, let them choose. I'm RECONSIDERED its action whereby Committee Amendment sure that there is not a member of this Maine House of "A" (S-575) as Amended by House Amendment "C" (H-1035) Representatives that hasn't heard that complaint one time or thereto was ADOPTED. another whether you're doing your doors during your campaign The same Representative PRESENTED House Amendment cycle, at the supermarket or wherever you may be. I'm sure "D" (H-1066) to Committee Amendment "A" (S-575) which was you've heard this from your constituency, now's the right time to READ by the Clerk. correct it. We've listened to the folks back home, we've listened The SPEAKER: The Chair recognizes the Representative to their complaints and we're not going to lump these together from Westbrook, Representative Duplessie. any longer, we're going to separate them and let them have the Representative DUPLESSIE: Thank you Mr. Speaker. Mr. choice or deciding which bond package, bond request that they Speaker, Ladies and Gentlemen of the House. This amendment want to support. Thank you. is a minor technical amendment that came out of the Legislative Representative TARDY of Newport REQUESTED a roll call Council meeting. This amendment strikes a section from on the motion to ACCEPT the Majority Ought Not to Pass Committee Amendment "A" that altered a transfer of funding, that Report. it instead increases the funding for the Task Force to Study More than one-fifth of the members present expressed a Maine's Homeland Security Needs in order to increase the desire for a roll call which was ordered. number of authorized public hearings in fiscal year 2006 and The SPEAKER: A roll call has been ordered. The pending 2007 from one to two. The $1,000 that will be transferred will question before the House is acceptance of the Majority Ought come from the Maine Emergency Management Agency. Thank Not to Pass Report. All those in favor will vote yes, those you. opposed will vote no. ROLL CALL NO. 539 YEA - Adams, Ash, Babbidge, Barstow, Blanchard, Bliss, Brannigan, Brautigam, Bryant, Burns, Cain, Canavan, Clark, Craven, Crosby, Cummings, Driscoll, Duchesne, Dudley, Dugay, Dunn, Duplessie, Eberle, Faircloth, Farrington, Fischer, Fisher, Goldman, Grose, Harlow, Hutton, Jackson, Koffman, Lerman, Lundeen, Makas, Marley, Marraché, Mazurek, Merrill, Miller, Mills, Moody, Norton, O'Brien, Paradis, Patrick, Percy, Perry, Pilon, Pineau, Pingree, Piotti, Rines, Sampson, Schatz, Sherman, Simpson, Smith N, Smith W, Thompson, Tuttle, Valentino, Walcott, Watson, Webster, Wheeler, Mr. Speaker. NAY - Annis, Austin, Beaudette, Bierman, Bishop, Blanchette, Bowen, Bowles, Brown R, Browne W, Bryant-Deschenes, Campbell, Carr, Cebra, Churchill, Clough, Collins, Cressey, Crosthwaite, Curley, Curtis, Daigle, Davis G, Davis K, Duprey, Eder, Edgecomb, Emery, Finch, Fitts, Fletcher, Flood, Glynn, Greeley, Hall, Hamper, Hanley B, Hanley S, Hogan, Hotham, Jacobsen, Jodrey, Joy, Kaelin, Lansley, Lewin, Lindell, Marean, McCormick, McFadden, McKane, McKenney, McLeod, Millett, Moore G, Moulton, Muse, Nass, Nutting, Pinkham, Plummer, Rector, Richardson D, Richardson E, Richardson M, Richardson W, Rosen, Saviello, Seavey, Shields, Stedman, Sykes, Tardy, Thomas, Trahan, Twomey, Vaughan, Woodbury. ABSENT - Berube, Gerzofsky, Jennings, Ott, Robinson. Yes, 68; No, 78; Absent, 5; Excused, 0. 68 having voted in the affirmative and 78 voted in the negative, with 5 being absent, and accordingly the Majority Ought Not to Pass Report was NOT ACCEPTED. Subsequently, the Minority Ought to Pass as Amended Report was ACCEPTED. The Bill was READ ONCE. Committee Amendment "A" (H- 1064) was READ by the Clerk and ADOPTED. Under suspension of the rules, the Bill was given its SECOND READING WITHOUT REFERENCE to the Committee on Bills in the Second Reading. Under further suspension of the rules, the Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-1064) and sent for concurrence. ORDERED SENT FORTHWITH. ______

(H.P. 1347) (L.D. 1906) The SPEAKER: The Chair recognizes the Representative (C. "A" H-1041) from Presque Isle, Representative Fischer. Was reported by the Committee on Engrossed Bills as truly Representative FISCHER: Mr. Speaker, may I pose a and strictly engrossed. question through the Chair? On motion of Representative CURLEY of Scarborough, was The SPEAKER: The Representative may pose his question. SET ASIDE. Representative FISCHER: Thank you Mr. Speaker. Mr. The SPEAKER: The Chair recognizes the Representative Speaker, Ladies and Gentlemen of the House. I would ask. from Scarborough, Representative Curley. Does this amendment still incorporate the portion of the previous Representative CURLEY: Thank you Mr. Speaker. Mr. amendment that was adopted that we just reconsidered and now Speaker, Men and Women of the House. It's that time of session we are doing a few other things with it, but that allows an when our desks are covered with amendments and lengthy unlimited transfer of money from the rental income and the Maine debate lingers on about procedural motions. With 200 messages Military Authority in Limestone? Does this still authorize an in my in box of my e-mail, 20 messages on my cell phone this unlimited transfer of that money in the case of a disaster? Does morning, I'm beginning to take inventory of what I've really done it authorize the Governor to do that? Thank you. this session. What have I done to the life better for my The SPEAKER: The Representative from Presque Isle, constituents, the people of Maine or the State that we love? Representative Fischer has posed a question through the Chair Passage of LD 1906, the suspended drivers' license bill or "Tina's to anyone who may care to respond. The Chair recognizes the Law" is something that everyone in this chamber and the other Representative from Westbrook, Representative Duplessie. body can be proud of. Through one family’s tragedy and their Representative DUPLESSIE: Thank you Mr. Speaker. Mr. willingness to share their private grief in public, we've identified Speaker, Ladies and Gentlemen of the House. In response to an important safety and public policy issue which affects our the good Representatives question. I believe we were in the entire State, north and south, urban and rural. For once we're Legislative Council the other day we did discuss with the Director not pitted against each other. The result has been a wonderful of Maine Emergency Management, that he was speaking of collaboration; families, public safety, the administration, the transferring $1,000 out of; I believe it was the Homeland Security House and Senate and all parties. It's good government. Is the Fund account. In response to the question, I'm not 100 percent bill perfect? No. I certainly would have liked the sanctions and sure if wasn't out of that account, but it was not unlimited transfer. sentences to be stronger, but it has raised awareness of every It was for $1,000. one of us and everyone in the State of Maine about the The SPEAKER: The Chair recognizes the Representative importance of getting suspended drivers off our highways. from Sanford, Representative Tuttle. Suspended licenses have been ignored in the past, but LD 1906, Representative TUTTLE: Thank you Mr. Speaker. Mr. "Tina's Law" clearly states this is no longer acceptable and will Speaker, Men and Women of the House. In reference to the not be tolerated by the people of Maine and when the vote is question of the good gentlemen from Presque Isle, taken, Mr. Speaker, I ask for a roll call. Representative Fischer, having offered the other House The same Representative REQUESTED a roll call on Amendment in reviewing the press amendment, it does not PASSAGE TO BE ENACTED. change in any way that mechanism. More than one-fifth of the members present expressed a Subsequently, House Amendment "D" (H-1066) to desire for a roll call which was ordered. Committee Amendment "A" (S-575) was ADOPTED. The SPEAKER: The Chair recognizes the Representative Committee Amendment "A" (S-575) as Amended by from Lewiston, Representative Makas. House Amendment "C" (H-1035) and House Amendment "D" Representative MAKAS: Thank you Mr. Speaker. Mr. (H-1066) thereto was ADOPTED. Speaker, Men and Women of the House. I personally would like The Bill was PASSED TO BE ENGROSSED as Amended to commend the Representative from Scarborough for her work by Committee Amendment "A" (S-575) as Amended by on this issue. My neighborhood was also affected by a similar House Amendment "C" (H-1035) and House Amendment "D" tragedy, we lost Mark Blanchette, he was an 18 year old and his (H-1066) thereto in NON-CONCURRENCE and sent for family still grieves and they will continue to grieve and this is a concurrence. ORDERED SENT FORTHWITH. ______

Emergency Measure Resolve, To Establish a Blue Ribbon Commission on Solid Waste Management (S.P. 694) (L.D. 1777) (S. "A" S-623 to C. "A" S-545) Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two- thirds vote of all the members elected to the House being necessary, a total was taken. 103 voted in favor of the same and 38 against, and accordingly the Resolve was FINALLY PASSED, signed by the Speaker and sent to the Senate. ______

Acts An Act To Establish a Food Policy for Maine (H.P. 1497) (L.D. 2107) (S. "B" S-629) An Act To Implement Organizational Improvements to the Legislative Youth Advisory Council (S.P. 856) (L.D. 2114) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. ______

Resolves Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease for Veterans' Housing the Interests of the State in Hedin Hall at the Dorothea Dix Psychiatric Center (S.P. 765) (L.D. 1984) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, FINALLY PASSED, signed by the Speaker and sent to the Senate. ______

An Act To Safeguard Maine's Highways

H-164 LEGISLATIVE RECORD - HOUSE, April 28, 2006 small step toward alleviating the grief of future families. So I want Potato Board" Committee on APPROPRIATIONS AND to say, thank you. FINANCIAL AFFAIRS reporting Ought to Pass The SPEAKER: A roll call has been ordered. The pending Under suspension of the rules, Second Day Consent question before the House is Passed to be Enacted. All those in Calendar notification was given. favor will vote yes, those opposed will vote no. There being no objection, the House Papers were PASSED ROLL CALL NO. 540 TO BE ENGROSSED and sent for concurrence. YEA - Adams, Annis, Ash, Austin, Babbidge, Barstow, ______Beaudette, Bierman, Bishop, Blanchard, Blanchette, Bliss, Bowen, Bowles, Brannigan, Brautigam, Brown R, Browne W, By unanimous consent, all matters having been acted upon Bryant, Bryant-Deschenes, Burns, Cain, Campbell, Canavan, were ORDERED SENT FORTHWITH. Carr, Cebra, Churchill, Clark, Clough, Collins, Craven, Cressey, ______Crosby, Crosthwaite, Cummings, Curley, Curtis, Daigle, Davis G, Davis K, Driscoll, Duchesne, Dudley, Dunn, Duplessie, Duprey, UNFINISHED BUSINESS Eberle, Eder, Edgecomb, Emery, Faircloth, Farrington, Finch, The following matter, in the consideration of which the House Fischer, Fisher, Fitts, Fletcher, Flood, Glynn, Greeley, Hall, was engaged at the time of adjournment yesterday, had Hamper, Hanley B, Hanley S, Harlow, Hogan, Hotham, Hutton, preference in the Orders of the Day and continued with such Jackson, Jacobsen, Jodrey, Joy, Kaelin, Koffman, Lansley, preference until disposed of as provided by House Rule 502. Lerman, Lewin, Lindell, Lundeen, Makas, Marean, Marley, Bill "An Act To Implement Task Force Recommendations Marraché, Mazurek, McCormick, McFadden, McKane, Relating to Parity and Portability of Benefits for Law Enforcement McKenney, McLeod, Merrill, Miller, Millett, Mills, Moody, Officers and Firefighters" Moore G, Moulton, Muse, Nass, Norton, Nutting, O'Brien, (H.P. 706) (L.D. 1021) Paradis, Patrick, Percy, Perry, Pilon, Pineau, Pingree, Pinkham, - In Senate, PASSED TO BE ENGROSSED AS AMENDED BY Piotti, Plummer, Rector, Richardson D, Richardson E, COMMITTEE AMENDMENT "B" (H-1007). Richardson M, Richardson W, Rines, Rosen, Sampson, Saviello, TABLED - April 13, 2006 (Till Later Today) by Representative Schatz, Seavey, Sherman, Shields, Simpson, Smith N, Smith W, DUPLESSIE of Westbrook. Stedman, Sykes, Tardy, Thomas, Thompson, Trahan, Tuttle, PENDING - Motion of same Representative to RECONSIDER Twomey, Valentino, Vaughan, Walcott, Watson, Webster, ADOPTION OF HOUSE AMENDMENT "A" (H-1028) to Wheeler, Woodbury, Mr. Speaker. COMMITTEE AMENDMENT "B" (H-1007). NAY - NONE. The SPEAKER: The Chair recognizes the Representative ABSENT - Berube, Dugay, Gerzofsky, Goldman, Grose, from Holden, Representative Hall. Jennings, Ott, Robinson. Representative HALL: Thank you Mr. Speaker. Mr. Yes, 143; No, 0; Absent, 8; Excused, 0. Speaker, Men and Women of the House. I would urge that we 143 having voted in the affirmative and 0 voted in the stick to our original vote that we had on this amendment. Nothing negative, with 8 being absent, and accordingly the Bill was has changed in the last two weeks; this is still a very good, very PASSED TO BE ENACTED, signed by the Speaker and sent to fiscally sound amendment. This is still the only amendment that the Senate. is going to deliver the desired benefit to the great men and ______women who work as firefighters and municipal law enforcement officers. It is very, very wrong of us to strip this amendment off, By unanimous consent, all matters having been acted upon send this bill to Appropriations knowing that it's going to die there. were ORDERED SENT FORTHWITH. Please I urge you to support the pending motion. ______The SPEAKER: The Chair recognizes the Representative from Westbrook, Representative Duplessie. The following items were taken up out of order by unanimous Representative DUPLESSIE: Thank you Mr. Speaker. Mr. consent: Speaker, Ladies and Gentlemen of the House. I would UNFINISHED BUSINESS The following matter, in the consideration of which the House was engaged at the time of adjournment yesterday, had preference in the Orders of the Day and continued with such preference until disposed of as provided by House Rule 502. Bill "An Act Regarding the Sentencing of Persons Convicted of Gross Sexual Assault against Victims under 12 Years of Age" (H.P. 1499) (L.D. 2108) (Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested) TABLED - April 14, 2006 (Till Later Today) by Representative TARDY of Newport. PENDING - REFERENCE. On motion of Representative BLANCHETTE of Bangor, the Bill and all accompanying papers were INDEFINITELY POSTPONED and sent for concurrence. ______

CONSENT CALENDAR First Day In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day: (H.P. 1490) (L.D. 2097) Bill "An Act To Facilitate the Maine Quality Forum" Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (H-1077) There being no objections, the above item was ordered to appear on the Consent Calendar tomorrow under the listing of Second Day. ______

First Day In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day: (H.P. 1370) (L.D. 1956) Bill "An Act To Recapitalize the Maine Downtown Center" Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass (H.P. 1472) (L.D. 2081) Bill "An Act To Implement the Recommendations of the Joint Standing Committee on Agriculture, Conservation and Forestry Relating to the Seed

H-165 LEGISLATIVE RECORD - HOUSE, April 28, 2006 encourage everyone to vote yes to reconsider so we can get this do what is right and proper for those people who do put their lives back up and then we can debate the bill and move on. on the line every single day of the week. I want to be able to The SPEAKER: The Chair recognizes the Representative support them. I will support it in its present form with the from Newfield, Representative Campbell. amendment that's on it, however, I will be forced to vote against it Representative CAMPBELL: Thank you Mr. Speaker. Mr. if you take it off, its previous position. So I really hope that we Speaker, Ladies and Gentlemen of the House. I urge you all to turn down this motion we've got into this and we've had votes on go back to the original bill, if we stop and think back at 9/11, it, we've had debate on it that's lasted for hours and I think that those firemen that laid down their life for the people of New York. it's time to put it to rest so that these folks can get back to work I've talked to the firemen back home the volunteers and I talked on the streets and take care of the people that they've been hired to one of the firemen that is a professional fireman from Sanford to do. So Mr. Speaker, I'd hope that we would vote in opposition that lives in my town of Newfield. They all encouraged me to to the pending motion of reconsideration. support this and vote for this bill. I hope that everybody will take The SPEAKER: The Chair recognizes the Representative a good look at it, pass the bill. Let's sit down and tweak it, work from Hampden, Representative Duprey. on it and make it work. Thank you. Representative DUPREY: Thank you Mr. Speaker. Mr. Representative CARR of Lincoln REQUESTED a roll call on Speaker, Men and Women of the House. I would urge to give the the motion to RECONSIDER ADOPTION of House Amendment consideration to the Representative from Westbrook, "A" (H-1028) to Committee Amendment "B" (H-1007). Representative Duplessie to be able to reconsider this vote, it's a More than one-fifth of the members present expressed a standard custom that we have and I would like to give him that desire for a roll call which was ordered. opportunity to debate this bill. Thank you. The SPEAKER: The Chair recognizes the Representative The SPEAKER: A roll call has been ordered. The pending from Van Buren, Representative Smith. question before the House is to Reconsider Adoption of House Representative SMITH: Thank you Mr. Speaker. Mr. Amendment "A" (H-1028) to Committee Amendment "B" (H- Speaker, Ladies and Gentlemen of the House. The issue 1007). All those in favor will vote yes, those opposed will vote presented by this motion to reconsider is whether or not the State no. should undertake a subsidy for the retired law enforcement and ROLL CALL NO. 541 firefighters of the larger municipalities in our State. The projected YEA - Adams, Ash, Babbidge, Barstow, Beaudette, cost for approximately 950 people is going to start off at $3.4 Blanchard, Blanchette, Bliss, Brannigan, Brautigam, Brown R, million. It will grow the next year to $3.5 million and I can assure Bryant, Burns, Cain, Campbell, Canavan, Clark, Craven, Crosby, it will grow on and on and on. The question is where's the money Cummings, Davis G, Davis K, Driscoll, Duchesne, Dudley, going to come from? What are we going to take it from in order Dugay, Dunn, Duplessie, Eberle, Eder, Edgecomb, Faircloth, to subsidize retired law enforcement in our larger municipalities? Farrington, Finch, Fischer, Fisher, Fletcher, Greeley, Hanley S, I suggest to you that we can not afford this. I think the Harlow, Hogan, Hutton, Jackson, Koffman, Lerman, Lundeen, appropriate action was to try and craft an alternative that would Makas, Marley, Marraché, Mazurek, McCormick, McFadden, allow the law enforcement and firefighters to find a way to fund Miller, Moody, Moore G, Norton, O'Brien, Paradis, Patrick, Percy, their own. It gives them access to health insurance, that's Pilon, Pineau, Pingree, Piotti, Rines, Schatz, Simpson, Smith N, something that most people in the State of Maine who pay taxes Tuttle, Valentino, Walcott, Watson, Webster, Wheeler, Mr. don't even have reasonable access to. We are asking people Speaker. who already have well negotiated contracts and fringe benefits NAY - Annis, Austin, Bierman, Bishop, Bowen, Bowles, and support systems to pay for their own way that is just being Browne W, Bryant-Deschenes, Carr, Cebra, Churchill, Clough, reasonable. I ask you to defeat the motion to reconsider. Thank Collins, Cressey, Crosthwaite, Curley, Curtis, Daigle, Duprey, you. Emery, Fitts, Flood, Glynn, Goldman, Hall, Hamper, Hanley B, The SPEAKER: The Chair recognizes the Representative Hotham, Jacobsen, Jodrey, Joy, Kaelin, Lansley, Lewin, Lindell, from Sanford, Representative Tuttle. Marean, McKane, McKenney, McLeod, Merrill, Millett, Mills, Representative TUTTLE: Thank you Mr. Speaker. Mr. Moulton, Muse, Nass, Nutting, Perry, Pinkham, Plummer, Rector, Speaker, Men and Women of the House. It's a very seldom that I Richardson D, Richardson E, Richardson M, Richardson W, get up and I disagree with the good Chair of the Labor Committee, but I respectfully disagree with him on this issue. He does bring up some important points, but as Representative Campbell has said; I think we can get this in a posture where we can resolve those questions as far where is the money going to come and how we are going fund it. I think that in all fairness, Mr. Speaker, I think to the firefighters and police who have worked so hard on this issue and who have brought this issue forward, there needs to be an up or down motion as Representative Duplessie says on Committee Amendment "B." It is what the supporters of LD 1021 have proposed and desire, I think in all fairness. House Amendment "A" differs from Committee Amendment "B" in many significant ways that is totally unacceptable to the firefighters and police who support LD 1021. So I would ask that you would support the pending motion. I would do the right thing and get this bill in a posture that it had been requested by the Majority members of the Labor Committee and firefighters and police of this State. Thank you, Mr. Speaker. The SPEAKER: The Chair recognizes the Representative from Lincoln, Representative Carr. Representative CARR: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I have intentionally not spoken on this bill before, because I wanted to wait and see what was going on with it. I think that for those of you who know and watched me around here for the last four terms. You know that probably there hasn't been anybody here that's spoken more favorably to our first responders and law enforcement personnel than what I have. Going back to some of the things on tort reform and some of those things, I spent a great deal of time trying to make sure that there weren't things that hindered their ability to perform their duties. Since this bill has come out I've spend a great deal of time thinking about it and obviously I've called back home and talked to other people and as a matter of fact I have two sons that are law enforcement officers one of which is an officer on Bangor PD. I think that we all want to do something for these people. I certainly do. However, we have to be fiscally responsible at the same time. What we have before us is a bill with the amendment on it that allows this to be self funded and by doing that it's very responsible fiscally and it's also responsible in order to be able to

Rosen, Sampson, Saviello, Seavey, Sherman, Shields, Smith W, That's where the rub comes in this particular bill and I hope that Stedman, Sykes, Tardy, Thomas, Thompson, Trahan, Twomey, you will vote no. Vaughan, Woodbury. The SPEAKER: A roll call having been previously ordered. ABSENT - Berube, Gerzofsky, Grose, Jennings, Ott, The pending question before the House is acceptance of Report Robinson. "A" Ought to Pass as Amended. All those in favor will vote yes, Yes, 75; No, 70; Absent, 6; Excused, 0. those opposed will vote no. a two-thirds vote of all the members elected to the House ROLL CALL NO. 542 being necessary, a total was taken, 75 having voted in the YEA - Adams, Babbidge, Barstow, Blanchard, Blanchette, affirmative and 70 voted in the negative, with 6 being absent, and Bliss, Brannigan, Brautigam, Bryant, Burns, Cain, Campbell, accordingly the motion to RECONSIDER ADOPTION of House Canavan, Clark, Craven, Crosby, Cummings, Davis G, Driscoll, Amendment "A" (H-1028) to Committee Amendment "B" (H- Duchesne, Dudley, Dugay, Dunn, Duplessie, Eberle, Eder, 1007) FAILED. Faircloth, Farrington, Finch, Fischer, Fisher, Gerzofsky, Glynn, Subsequently, Committee Amendment "B" (H-1007) as Goldman, Greeley, Hanley S, Harlow, Hogan, Hutton, Jackson, Amended by House Amendment "A" (H-1028) thereto was Koffman, Lerman, Makas, Marley, Marraché, Mazurek, ADOPTED. McCormick, Miller, Mills, Moody, Moore G, Norton, O'Brien, The Bill was PASSED TO BE ENGROSSED as Amended Paradis, Patrick, Percy, Perry, Pilon, Pineau, Pingree, Piotti, by Committee Amendment "B" (H-1007) as Amended by Plummer, Saviello, Simpson, Smith N, Smith W, Thompson, House Amendment "A" (H-1028) thereto in NON- Tuttle, Valentino, Walcott, Watson, Webster, Wheeler, Mr. CONCURRENCE and sent for concurrence. ORDERED SENT Speaker. FORTHWITH. NAY - Annis, Ash, Austin, Beaudette, Bierman, Bishop, ______Bowen, Bowles, Brown R, Browne W, Bryant-Deschenes, Carr, Cebra, Churchill, Clough, Collins, Cressey, Crosthwaite, Curley, CONSENT CALENDAR Curtis, Daigle, Davis K, Duprey, Edgecomb, Emery, Fitts, Second Day Fletcher, Flood, Hall, Hamper, Hanley B, Hotham, Jacobsen, In accordance with House Rule 519, the following item Jodrey, Joy, Kaelin, Lansley, Lewin, Lindell, Lundeen, Marean, appeared on the Consent Calendar for the Second Day: McFadden, McKane, McKenney, McLeod, Merrill, Millett, (H.P. 1490) (L.D. 2097) Bill "An Act To Facilitate the Maine Moulton, Muse, Nass, Nutting, Pinkham, Rector, Richardson D, Quality Forum" (C. "A" H-1077) Richardson E, Richardson M, Richardson W, Rosen, Sampson, No objections having been noted at the end of the Second Schatz, Seavey, Sherman, Shields, Stedman, Sykes, Tardy, Legislative Day, the House Paper was PASSED TO BE Thomas, Trahan, Twomey, Vaughan, Woodbury. ENGROSSED AS AMENDED and sent for concurrence. ABSENT - Berube, Grose, Jennings, Ott, Rines, Robinson. ORDERED SENT FORTHWITH. Yes, 74; No, 71; Absent, 6; Excused, 0. ______74 having voted in the affirmative and 71 voted in the negative, with 6 being absent, and accordingly Report "A" Ought UNFINISHED BUSINESS to Pass as Amended was ACCEPTED. The following matter, in the consideration of which the House The Bill was READ ONCE. Committee Amendment "A" (S- was engaged at the time of adjournment yesterday, had 577) was READ by the Clerk. preference in the Orders of the Day and continued with such Senate Amendment "A" (S-620) to Committee preference until disposed of as provided by House Rule 502. Amendment "A" (S-577) was READ by the Clerk. SENATE DIVIDED REPORT - Report "A" (9) Ought to Pass Representative TRAHAN of Waldoboro REQUESTED a roll as Amended by Committee Amendment "A" (S-577) - Report call on the motion to ADOPT Senate Amendment "A" (S-620) to "B" (3) Ought Not to Pass - Report "C" (1) Ought to Pass as Committee Amendment "A" (S-577). Amended by Committee Amendment "B" (S-578) - Committee More than one-fifth of the members present expressed a on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act To desire for a roll call which was ordered. Update Teachers' Minimum Salaries" The SPEAKER: A roll call has been ordered. The pending (S.P. 480) (L.D. 1381) question before the House is adoption of Senate Amendment "A" - In Senate, Report "A" OUGHT TO PASS AS AMENDED READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-577) AS AMENDED BY SENATE AMENDMENT "A" (S-620) thereto. TABLED - April 27, 2006 (Till Later Today) by Representative DUPLESSIE of Westbrook. PENDING - Motion of Representative GOLDMAN of Cape Elizabeth to ACCEPT Report "A" OUGHT TO PASS AS AMENDED. (Roll Call Ordered) The SPEAKER: The Chair recognizes the Representative from Crystal, Representative Joy. Representative JOY: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I must say that this bill brings back the two Maine's and opens a rift between them that is miles wide. If this bill is passed I have two small school districts that are probably on the verge of wondering where the next dollars going to come from. I have a school district with four town, consists of four town, and they will be facing a quarter of a million dollars to meet the requirements of this because of the ladder effect it will take place in negotiations. They're right in the middle of negotiations right now and my other school district which has six small towns will be looking at roughly $360,000 dollars. Ladies and gentlemen, the tax bases in these small towns do not allow for raising those kinds of money. They're already hurting from LD 1, they're already hurting from essential programs and services and now to put this on top of that is going to be devastation. I just hope that you will realize what you are doing to these small schools and these small districts that are out there all over this State. Not just in my part of the State, but we heard yesterday about the situation in Blue Hill and that's going to be the same. I think that what we need to do is to really give some serious thought. When this comes from the State level it destroys the collective bargaining process. As I said, both of my school districts are in the collective bargaining process and just as soon as the sound of the $30,000 proposal came on, their negotiations stopped. The teachers would not talk any more, why, because those teachers who had been there a long time want to have that ladder effect and get an increase as well.

(S-620) to Committee Amendment "A" (S-577). All those in favor READ. will vote yes, those opposed will vote no. Representative BRANNIGAN of Portland moved that the ROLL CALL NO. 543 House ACCEPT the Majority Ought Not to Pass Report. YEA - Adams, Babbidge, Barstow, Blanchard, Blanchette, Representative TARDY of Newport REQUESTED a roll call Bliss, Brannigan, Brautigam, Brown R, Bryant, Burns, Cain, on the motion to ACCEPT the Majority Ought Not to Pass Campbell, Canavan, Carr, Clark, Craven, Crosby, Cummings, Report. Curley, Davis G, Driscoll, Duchesne, Dudley, Dugay, Dunn, More than one-fifth of the members present expressed a Duplessie, Eberle, Eder, Edgecomb, Emery, Faircloth, desire for a roll call which was ordered. Farrington, Finch, Fischer, Fisher, Fletcher, Flood, Gerzofsky, The SPEAKER: The Chair recognizes the Representative Glynn, Goldman, Greeley, Hanley S, Harlow, Hogan, Hotham, from Dennysville, Representative McFadden. Hutton, Jackson, Joy, Koffman, Lerman, Makas, Marley, Representative MCFADDEN: Thank you Mr. Speaker. Mr. Marraché, Mazurek, McCormick, McFadden, Miller, Mills, Moody, Speaker, Ladies and Gentlemen of the House. I rise in Moore G, Norton, O'Brien, Paradis, Patrick, Percy, Perry, Pilon, opposition to the Ought Not to Pass motion. Mainly, I'm going to Pineau, Pingree, Piotti, Plummer, Rector, Richardson E, speak about the Governor's Economic Development Task Force Richardson W, Rines, Sampson, Saviello, Simpson, Smith N, for Washington County, if we vote this down we are actually Smith W, Thompson, Trahan, Tuttle, Valentino, Walcott, Watson, voting against the Chief Executive's wishes. He has come out in Webster, Wheeler, Mr. Speaker. Calais last week and supported the boat school to remain in NAY - Annis, Ash, Austin, Bierman, Bishop, Bowen, Bowles, Eastport. They have a great facility in Eastport and once this Browne W, Bryant-Deschenes, Cebra, Churchill, Clough, Collins, boat school is moved to Calais, which is what President Cassidy Cressey, Crosthwaite, Curtis, Daigle, Davis K, Duprey, Fitts, Hall, says he can do and make it a very sustainable program. In the Hamper, Hanley B, Jacobsen, Jodrey, Kaelin, Lansley, Lewin, Calais area they have an old garage that they're going to use for Lindell, Lundeen, Marean, McKane, McKenney, McLeod, Merrill, the boat school, plus there is no waterfront in the area. So this Millett, Moulton, Muse, Nass, Nutting, Pinkham, Richardson D, doesn't really look to me like it's a viable location for the boat Richardson M, Rosen, Schatz, Seavey, Sherman, Shields, school. The boat school also graduates many students that work Stedman, Sykes, Tardy, Thomas, Twomey, Vaughan, Woodbury. along the coast in different areas from Washington County all the ABSENT - Beaudette, Berube, Grose, Jennings, Ott, way to York County. I urge you to vote against this motion and Robinson. help the Economic Development Task Force in Washington Yes, 90; No, 55; Absent, 6; Excused, 0. County and to help the boat school to remain in Eastport and to 90 having voted in the affirmative and 55 voted in the remain open. Thank you, Mr. Speaker. negative, with 6 being absent, and accordingly Senate The SPEAKER: The Chair recognizes the Representative Amendment "A" (S-620) to Committee Amendment "A" (S- from Winterport, Representative Kaelin. 577) was ADOPTED. Representative KAELIN: Thank you Mr. Speaker. Mr. Committee Amendment "A" (S-577) as Amended by Speaker, Ladies and Gentlemen of the House. I'm rising in Senate Amendment "A" (S-620) thereto was ADOPTED. opposition to this Majority Ought Not to Pass report. This boat Under suspension of the rules, the Bill was given its SECOND school in Eastport is an extremely unique asset in our working READING WITHOUT REFERENCE to the Committee on Bills in waterfront in Maine and there's been a lot of to-ing a fro-ing about the Second Reading. its history and future in the past with the issues around the Under further suspension of the rules, the Bill was PASSED changes in the community college and so forth and you know its TO BE ENGROSSED as Amended by Committee Amendment kind of been reserved to the back bench, it's not that important "A" (S-577) as Amended by Senate Amendment "A" (S-620) not that many of us live down there and so forth, but I don't know thereto in concurrence. ORDERED SENT FORTHWITH. how many of you have been to this school, it is an expensive ______school, its not like typing class or something like that where you can get a cheap typewriter. You've got tremendous assets there By unanimous consent, all matters having been acted upon teaching people skills that are very difficult to learn without were ORDERED SENT FORTHWITH. spending some money. This may be a little more expensive than ______

REPORTS OF COMMITTEE Divided Report Majority Report of the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought Not to Pass on Bill "An Act To Save the Marine Technology Center and Strengthen Maine's Boatbuilding Workforce" (S.P. 746) (L.D. 1948) Signed: Senators: ROTUNDO of Androscoggin MARTIN of Aroostook

Representatives: BRANNIGAN of Portland DUDLEY of Portland CRAVEN of Lewiston LERMAN of Augusta MILLS of Farmington

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (S-637) on same Bill. Signed: Senator: NASS of York

Representatives: MILLETT of Waterford NUTTING of Oakland BOWEN of Rockport CURLEY of Scarborough FISCHER of Presque Isle

Came from the Senate with the Minority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-637).

H-168 LEGISLATIVE RECORD - HOUSE, April 28, 2006 some of our other technical schools around this State, but if we the business of building composite constructed boats, that's lose it we lose something that really represents the backbone of fiberglass boats. Largely those boats are lobster boats, one of the working waterfront and the boating community, the which I own and was built in Hancock County. A lot of the people commercial fishing community including the yachting community that are working in these boat building shops are trained in boat in that part. They've had to work on yachts, there aren't that schools such as the one in Eastport. In Washington County we many commercial vessels left as we put the squeeze on the don't have a lot of infrastructure, I consider the boat school as a commercial industry for various reasons. We've had to do to piece of infrastructure that contributes to our economy locally and yachts, yacht building in Maine, it's a very important business in serves a purpose. The boat building industry is a roughly $650 the State. I urge you to please defeat the pending motion and million in value in the State and there is tremendous opportunity let's find a way to support this boat school down there. Thank to grow industry. The Chief Executive has earmarked that you. industry as a potential growth industry for this State. To close the The SPEAKER: The Chair recognizes the Representative boat school, I think, would probably go against his wishes and go from Portland, Representative Brannigan. against an industry that is proving itself in Washington County. Representative BRANNIGAN: Thank you Mr. Speaker. Mr. My thought here is to speak to the merits of the boat building Speaker, Men and Women of the House. The reasons that this program with the mindset that if we invest this amount of money got an Ought Not to Pass from the Majority were several. One this year, there are other people willing to partner with the boat the boat school, unfortunately, it's a great school, it's a great school to help right it and move it forward into the years to come. place especially in Eastport, but the boat school has been going I will mention, if you have read in the article that has been passed downhill for many years. There have been attempts to pick it up around, that the Chancellor of the University of Maine System before and that has not happened. The plan now is to move it has now publicly endorsed the boat school and would like to also into a little garage in Calais and to say there is mixed feelings share in that partnership with the Maine Maritime Academy. The within the community college system is to minimize. There are money that is requested here in this bill will allow the school to other plans for boat school operations; I believe, and therefore, stay open for another year and for these institutions to join in this is regrettably going to have to be a change in boat school arms with the boat school to help them get a direction that will and boat school technology in the future. Thank you, Mr. allow them to sustain themselves. There is a community effort, Speaker. "The Friends of the Boat School in Eastport"; they are also The SPEAKER: The Chair recognizes the Representative working very hard on a local level to do what they can to keep the from Waterboro, Representative Jacobsen. boat school open. So I ask you Men and Women of the House to Representative JACOBSEN: Thank you Mr. Speaker. Mr. oppose this motion on the floor and look to pass the Minority Speaker, Ladies and Gentlemen of the House. I don't know if Report. Thank you. any of you took advantage of the Maine Boat Show down on The SPEAKER: The Chair recognizes the Representative Forest Street a few months ago. I was fortunate enough to from Auburn, Representative Sampson. attend and attend the reception put on by the boat builders. The Representative SAMPSON: Mr. Speaker, may I pose a boat building industry in Maine is approaching a billion dollar question through the Chair? industry. If you talk to the boat builders in Maine you'll find that The SPEAKER: The Representative may pose her question. they are all in dyer need of skilled labor. These jobs pay in the Representative SAMPSON: Thank you Mr. Speaker. Mr. vicinity $40,000. One boat builder alone said that if he could go Speaker, Ladies and Gentlemen of the House. How many into full production, he could handle 185 workers. Another major students and teachers are at the boat school currently and what boat builder needed 15 boat builders right away. There's talk is the cost per year for those students? among some of these boat builders about moving down south, The SPEAKER: The Representative from Auburn, moving to other states. It's an industry that has grown in Maine Representative Sampson has posed a question through the Chair and should continue to grow, if we can support it. It does cost to anyone who may care to respond. The Chair recognizes the money to train people in this field, the boat builders know this, the Representative from Sampson, Representative Winterport. boat builders want to be involved and we are looking at an Representative KAELIN: Thank you Mr. Speaker. Mr. industry that needs a lot of workers. We're talking about losing Speaker, Men and Women of the House. That was an excellent jobs in the paper industry that pay good money, an industry that's fading. Why aren't we looking at boat building and maintenance to take care of these jobs to help out in the communities? I hope that we can defeat this and continue to help the boat building industry that we all need in this State. Thank you. The SPEAKER: The Chair recognizes the Representative from Standish, Representative Moore. Representative MOORE: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Recently we received at our desks a very important communication, a yellow sheet from a couple of the other representatives that may speak well to Representative Brannigan of Portland's elicitation of some of the reasons that this complicated situation has developed. Having served on the board of trustees of Maine Maritime Academy I'm sure I share with you many of the unique strengths of this very, very solid Maine educational institution. President Tyler does not affix his name to meaningless communications for political purposes. He affixes his name to important documents and items that are sincerely valuable to Maine Maritime Academy and to the youngsters in our State. Representative Jacobsen has spoken quite well about the traditions of Maine industry and how they are under fire. I would suggest that Maine Maritime Academy has stepped up here and adds a new element to this equation offering to partner with the Maine College system and with this boat building school over in Eastport to guarantee its survival. I think that's a lifeline that changes the equation considerably and I urge you to defeat this Ought Not to Pass in light of new information. I think it's an important vote for the youngsters of Maine and for Maine industry recognizing the huge power of Maine Maritime Academy stepping up to the plate for this undertaking, gives it new muscle and should give it new life. Thank you. The SPEAKER: The Chair recognizes the Representative from Cutler, Representative Emery. Representative EMERY: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. I too rise in opposition to the current motion on the floor. I'd like to explain why. The boat school is an institution in Washington County. I'm not sure if many of you are aware of it, between Eastport and Ellsworth there are a dozen boat building facilities, companies that are in

H-169 LEGISLATIVE RECORD - HOUSE, April 28, 2006 question; I wish I could answer it fully. You have to realize, I'm company is and we let them have a building that we had on the sure the costs are higher per student than some of the other waterfront. The city of Belfast took that chance and leased that community college costs in that part of the world, but it building to them, they wanted to build boats, they are graduates necessarily comes from the subject matter and the curriculum of these schools and to this day they are building million dollar that you're going to have a higher cost per student at a boat yachts that are second to none, and they employee 20 plus school than you are at somebody who's going to a classroom people down there. They now have now three of those buildings with a laptop and talking to a teacher in a room. So I would that we had on the waterfront. In Belfast the city council just estimate the cost as going to be higher, I still think that it's a good leased the abandoned railroad yard to Wayfarer Marine which will investment. Mr. Speaker while I have the floor, if I may, I wanted be storing boats and repairing boats, million dollar yachts, in the to make one other point. You know this legislature reviewed the facility and to keep this tradition going we need these schools board of trustees' determination that the Augusta campus of the and for that reason I will be voting against this motion. Thank University of Maine should be closed over a long period of time. you very much. That proposal as I recall would have had the Augusta campus be The SPEAKER: The Chair recognizes the Representative folded into the USM System, a great system by the way where from Portland, Representative Brannigan. my son goes, and the legislature took a hard look at that and Representative BRANNIGAN: Thank you Mr. Speaker. Mr. decided that in fact the recommendation of the administration and Speaker, Men and Women of the House. I'm delighted that so the board of trustees wasn't the best choice for the long term many are going to vote against me it will give me three in a row, success and the sustainability of that Augusta campus. This is this morning. Let me just answer the question. I'm going to read exactly the same situation. You've got a situation where the from a report from the Washington County Community College administrators are looking at the high cost of educating these kids on cost projections associated with operating a sustainable boat in an unbelievable facility in Eastport where you can build more building program at the college of Marine Technology Center in than one boat at a particular time and bring them all down to Eastport and this was also to address the workforce training Calais and cut back perhaps on the curriculum a little bit. I don't needs of Maine maritime industry Statewide. ”Since 2000 a total know maybe run them down to Eastport periodically, I don't know of 14 students a year including both first and second year as the game plan, I don't know the actual cost, but I think it's a bad compared to a maximum enrollment of 40 students during that idea. I think we need to think of this in the context of our studies time frame since 2000, 50 students entered the program. Of overturning of the Augusta campus closing in the same way these 50 students, 27 graduated, 23 left before the completion of because that is really what this is. This an internal battle within this program." Many of you have hit it on the nose, there's great the community college system about whether or not they are need for people to work in those boatyards in that vicinity and so going to continue to make a commitment to this curriculum or not people leave this program and go and train on the job with the and I think we have the authority and the right and hopefully the boat builders in that area. I don't enjoy doing this; I have a son heart today to overturn that decision by defeating the pending who works in a boatyard in Biddeford on the Saco River. The motion. Thank you. assessment of this group was that there's a high need for boat The SPEAKER: The Chair recognizes the Representative building training across the State along the coast. This revealed from Sorrento, Representative Bierman. a high demand by the industry for training delivered in close Representative BIERMAN: Thank you Mr. Speaker. Mr. proximity to the employers in other regions of the coast, Speaker, Ladies and Gentlemen of the House. You can tell the particularly Cumberland, Hancock, Knox, Lincoln and Waldo costal representatives. I just wanted to point out some facts that Counties. This is the desire and this is why we're being mean in as we know Maine has had a long tradition in boat building dating doing this. I mean it's a great school and was great school, not back to the tall ships and the schooners. It has been declining any more because it just has pretty much died out. Now we through the years, but there has been a new interest in Maine didn't hear anything until today about the Maritime Academy, if educating its young people and reestablishing itself in that they can rush in and save this school at Eastport, who wants it in market. We have a company Hodgkin Boat Builders, which has a garage in Calais? So I just wanted to elucidate on why the been working with the University of Maine at Orono designing Majority of our Committee felt that this is not the right thing to do boats for the military and right now they are in the designing process and they actually have the prototype built for the Navy Seals. Now we've argued on many occasions about our number one most exported products which are our young people. It would seem that an institution like this would be a valuable asset to the State of Maine to educate those young people and keep them in this State with an opportunity to come out and go to work. I would strongly encourage defeating the pending motion. Thank you. The SPEAKER: The Chair recognizes the Representative from Cutler, Representative Emery. Representative EMERY: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. I just wanted to talk about the infrastructure in Eastport. The boat school in Eastport has a deep water access, it has three large buildings, one where you can build a 45 foot boat in and then it has a whole other section of the facility that is for administrative purposes and classrooms. There's over 12 or 13 acres there, it accommodates a huge parking lot where actually the community fishermen utilize in kind of a gentlemen's agreement to work on their boats that they use in the commercial fishing or in the sailing recreation and so there's a lot of support by the staff and the instructors at the boat school to provide some guidance to the local fishing industry and recreational sailing power industry on repairs on their boats. It's not just a training facility, but it's kind of a community facility where commercial fishermen and the recreational folks utilize it. They have a huge hydraulic lift there that brings these boats onto shore; it's a diamond in the rough if you will. There's a tremendous opportunity to expand the program and what this legislation will do potentially is allow them to keep their lights on their doors opened for another year while all these new partners come in and help resurrect the program and turn it into something that we can all be proud of. Thank you. The SPEAKER: The Chair recognizes the Representative from Belfast, Representative Ash. Representative ASH: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. I rise today, I don't very often, but I will today on this issue. I'll be opposed to this motion on the floor and I will tell you why. In Belfast, back when I was on the city council we took a chance on a pair of young men by the name of Todd French and Mr. Webb, Webb and French, the

H-170 LEGISLATIVE RECORD - HOUSE, April 28, 2006 and it's not done with a great deal of satisfaction. Thank you, Mr. little breather and create a task force similar to what was done for Speaker. USM to save this very valuable program in Eastport. Thank you, The SPEAKER: The Chair recognizes the Representative Mr. Speaker. from Augusta, Representative Lerman. The SPEAKER: The Chair recognizes the Representative Representative LERMAN: Thank you Mr. Speaker. Mr. from Skowhegan, Representative Richardson. Speaker, Women and Men of the House. Just to clarify a few Representative RICHARDSON: Thank you Mr. Speaker. Mr. things regarding this particular bill before us. First of all, I think Speaker, Ladies and Gentlemen of the House. This seems like a we're all in agreement, there's no disagreement about the need no brainier to me. We send several million dollars to the to promote traditional sort of industries in the State of Maine University of Maine every year and they educate our kids, half of without a doubt and there's no disagreement among us regarding those leave because there isn't anything for them to do. Here is the value of promoting boat building and ancillary and supportive a chance to spend a few hundred thousand dollars to keep an businesses. At the same time we have time and time again been industry alive that's unique to the State of Maine. When they very careful to make investments of State dollars in projects that graduate or get out of this school they've got a place to go. Why have been well thought through and that had been presented to in the world wouldn't we want to support and maintain that type of us in a thoughtful way, this just isn't there. We sat though a thing, particularly in view of the fact that there are people who testimony where people were in conflict, there was no unity in apparently ready to step forward and help it out. This type of terms of people coming forward saying this how we can make thinking just is foreign to me, I don't understand this. Thank you. this work. You know, the fiscal note on this bill is nearly one half The SPEAKER: The Chair recognizes the Representative a million dollars, besides the fact that we have very little money; from Phippsburg, Representative Percy. it's an awful lot of money to put into something that hasn't been Representative PERCY: Thank you Mr. Speaker. Mr. well coordinated, well thought through and that's really the issue Speaker, Ladies and Gentlemen of the House. I am not going to here. It's not an issue about our commitment to boat building; it's support the Majority Ought Not to Pass Report. Small town not an issue around our commitment to promoting jobs in Maine, we need these schools and I support the Minority, so I traditional industries in the State of Maine. It really is around this hope you'll follow my light on this. Thank you. project and this situation needs to be worked on more. If Maine The SPEAKER: The Chair recognizes the Representative Maritime Academy is willing to come forward that would be from Hartland, Representative Stedman. wonderful. If the community college system can figure out Representative STEDMAN: Thank you Mr. Speaker. Mr. exactly how to make this program work, that would be terrific, but Speaker, Ladies and Gentlemen of the House. I have a great that's not the case that's before us today, that's not the situation. idea that we can come up with some money to cover this cost for You know, the good Representative from Winterport made this year and that is to defeat the teacher income level to $30,000 reference to the situation regarding UMA within the context of the and use that $600,000 that is being held in the student University of Maine System as a whole and while he got some of assessment account to pay for this. Thank you. his facts wrong I think citing it as an example of how this might The SPEAKER: The Chair recognizes the Representative get resolved was right. The fact of the matter is that this from Augusta, Representative Lerman. legislature did not take any specific actions that resulted in sort of Representative LERMAN: Thank you Mr. Speaker. Mr. a reconsideration of that situation. What did happen was a task Speaker, Women and Men of the House. I'm really sort of force was set-up outside of the context of the legislature to bring stunned and amused to some extent by some of the debate here all the appropriate parties together to review the decision that had today. For all of the concerns that we have about the way that been made as part of the strategic plan and then to finally come we spend taxpayer's money; for the great debate that takes place up with a proposal that was in fact different than the strategic over a myriad of other things that have a price tag of attached to plan. That model of creating the task force is exactly what is them. You are willing to invest a half million dollars in something needed to make this project work rather than have us go ahead that has not been well thought through, alright. We all would love and invest a half million dollars with a myriad of details on resolve to see boat building continue to flourish along the State of Maine hold together appropriate parties set down and figure out what and we all would like to see more jobs created. You're all in will really work and what is a good investment on the part of the agreement on that, but to embrace a proposal that's half baked at State of Maine and I think we'd all be very eager to hear a solution that would be much more concrete and likely to pay the kind of dividends we expect from our investments than the proposal before us today. I thank you for your consideration, I ask you to support the Majority Ought Not to Pass motion and thank you for your time. The SPEAKER: The Chair recognizes the Representative from Winterport, Representative Kaelin. Having spoken twice now requests unanimous consent to address the House a third time. Is there objection? Chair hears no objection, the Representative may proceed. Representative KAELIN: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. People in conflict; no agreement; not well thought through; it sounds like a lot of issues we have down here on the floor to me. While I might have had my facts wrong we didn't pass a law to make sure that the Augusta campus situation was reconfigured. If the legislature didn't get involved in that with creating a study committee or some alternative plan to what the board of trustees had done, it wouldn't have happened and it did happen. I would be happy perhaps if we tabled this thing and we went down and put an amendment on it so that we did that. I think that the good Representative from Portland, Representative Brannigan makes an excellent point, it's time for the boat building industry, perhaps to step-up and help fund this school, but it ain't going to happen if it goes on to Calais, it will be over. Eastport will be closed down, I don't know, they are going to keep the building, I don't know what they are going to do down there with it, but it'll cost money to keep it. So there's perhaps a good recommendation, maybe we should put an amendment on this bill to create a task force, fund it for another year, another biennium or whatever it takes and challenge the industry to come in and put some money into it so that we can save this very expensive technology college program at the location where it has been for a number of years. That hasn't happened yet and I don't know, it's not my bill, but the more I think about it here, maybe we should take an afternoon and longer and create an amendment. I know Mr. Speaker we all want to get out of here, but perhaps that's an idea that has merit, but I think we've got to defeat this motion before we can get to the point of determining whether or not perhaps we should take a

H-171 LEGISLATIVE RECORD - HOUSE, April 28, 2006 best and I don't mean to say that in a pejorative way. The facility Came from the Senate with the Minority (3) OUGHT TO makes sense, the location in Eastport makes sense, the problem PASS AS AMENDED Report of the Committee on CRIMINAL is the people who have a vested interest in the success of that JUSTICE AND PUBLIC SAFETY READ and ACCEPTED and facility has simply not come forward with a proposal that makes the Bill PASSED TO BE ENGROSSED AS AMENDED BY sense and will insure that the money that we're investing will be a COMMITTEE AMENDMENT "D" (H-1059) in NON- good investment, that all. You know I'm not in a position to CONCURRENCE. suggest that this bill be tabled, nor am I in a position, because I Representative DAVIS of Augusta moved that the House don't have the interest at this point quite frankly to go work on an RECEDE AND CONCUR. amendment that would accomplish what the good Representative The SPEAKER: The Chair recognizes the Representative from Winterport is suggesting, but I do suggest that if we are from Augusta, Representative Davis. going to go forward with this particular bill that the idea of Representative DAVIS: Thank you Mr. Speaker. Mr. creating a task force that will pull together all the interested Speaker, Ladies and Gentlemen of the House. Last night when I parties to come up with a solution that does make sense is a left I thought, that's it, I don't have to think about this again, 'till good idea. So that's what I would suggest is, I guess we're next year. So here we are and I'll be brief, but determined that getting advise to let this go, do as you wish, it looks like the votes we need to accept the other body's proposal to accept the are against the acceptance of the Majority Report anyway and Minority Report. For most of us the images of innocent children we'll deal with it when it comes to the table. I would beseech being sexual abused promotes emotions of outrage and anger you, my good colleagues, to apply your energy before it comes to and immediate response of disgust toward the perpetrator. The the floor to think these things through and pull together the images of such acts inflicted on innocent children cause a feeling appropriate parties so that we're not creating things right here on of uneasiness and embarrassment. Such images naturally cause the floor of the House. As we all know, bills that typically come us to recoil and to retreat from the reality of this epidemic. We before us in Committee, if they are not well thought through and if feel helpless in our ability to prevent this destructive behavior. there is a lot of conflict among those people who are supporting a We ignore the ugliness of these crimes and we justify our own particular thing we say, hey listen, go back, work our your inactions because the magnitude of the problem is simply differences and when you've got a solution bring it to us. This is overwhelming. During last session the Criminal Justice not the place to be doing that and I hope we can keep the facility Committee focused much of its time on legislation that would in Eastport alive, but this bill at least in its current form is not the further protect Maine's children from the hideous crimes of sexual vehicle for doing that. Thank you, Mr. Speaker. assault, however, 9 out of 12 of them failed to come out of the The SPEAKER: A roll call has been ordered. The pending Committee because we just didn't want to restrict where question before the House is acceptance of the Majority Ought convicted sex offenders lived, how they conducted their lives. It Not to Pass Report. All those in favor will vote yes, those wasn't a matter of not being able to do it; it was a matter of not opposed will vote no. wanting to do it. Some have said that we need to give the ROLL CALL NO. 544 previous legislation more time in order to realize the results. Well YEA - Adams, Barstow, Beaudette, Bliss, Brannigan, unfortunately waiting simply puts more children in harms way. Brautigam, Bryant, Burns, Canavan, Craven, Cummings, Recent sentences given for those convicted of gross sexual Duchesne, Dudley, Dunn, Duplessie, Farrington, Fisher, assaults, continue to diminish the gravity of these offences and Gerzofsky, Harlow, Hogan, Hutton, Koffman, Lerman, Makas, lack the deterrence needed to prevent these crimes. We can no Marley, Marraché, Miller, Mills, Moody, O'Brien, Pineau, longer pretend that a sexual offence against a child is an isolated Sampson, Seavey, Simpson, Smith N, Smith W, Thompson, act, most of the time it is a pattern of behavior and should be a Twomey, Walcott, Wheeler. consideration in determining adequate detention of the NAY - Annis, Ash, Austin, Babbidge, Bierman, Bishop, perpetrator. Experts claim that child pornography is a prelude to Blanchard, Blanchette, Bowen, Bowles, Brown R, Browne W, child sex abuse. That the cases that are now setting in the crime Bryant-Deschenes, Cain, Campbell, Carr, Cebra, Churchill, Clark, lab are any indication of what's ahead of us we can no longer Clough, Collins, Cressey, Crosby, Crosthwaite, Curley, Curtis, wait to pass this legislation. Maine's inadequate sentences are Daigle, Davis G, Davis K, Driscoll, Dugay, Duprey, Eberle, Eder, attributed to a high number of cases subjected to plea bargaining. Edgecomb, Emery, Faircloth, Finch, Fischer, Fitts, Fletcher, Plea bargaining by its very nature reduces the deterrence and Flood, Glynn, Goldman, Greeley, Hall, Hamper, Hanley B, Hanley S, Hotham, Jackson, Jacobsen, Jodrey, Joy, Kaelin, Lansley, Lewin, Lindell, Lundeen, Marean, Mazurek, McCormick, McFadden, McKane, McKenney, McLeod, Merrill, Millett, Moore G, Moulton, Muse, Nass, Norton, Nutting, Paradis, Patrick, Percy, Perry, Pilon, Pingree, Pinkham, Piotti, Plummer, Rector, Richardson D, Richardson E, Richardson M, Richardson W, Rines, Rosen, Saviello, Schatz, Sherman, Shields, Stedman, Sykes, Tardy, Thomas, Trahan, Tuttle, Valentino, Vaughan, Watson, Webster, Woodbury, Mr. Speaker. ABSENT - Berube, Grose, Jennings, Ott, Robinson. Yes, 40; No, 106; Absent, 5; Excused, 0. 40 having voted in the affirmative and 106 voted in the negative, with 5 being absent, and accordingly the Majority Ought Not to Pass Report was NOT ACCEPTED. Subsequently, the Minority Ought to Pass as Amended Report was ACCEPTED. The Bill was READ ONCE. Committee Amendment "A" (S- 637) was READ by the Clerk and ADOPTED. Under suspension of the rules, the Bill was given its SECOND READING WITHOUT REFERENCE to the Committee on Bills in the Second Reading. Under further suspension of the rules, the Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-637) in concurrence. ORDERED SENT FORTHWITH. ______

SENATE PAPERS Non-Concurrent Matter Bill "An Act To Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses against Victims under 12 Years of Age" (H.P. 1224) (L.D. 1717) Majority (10) OUGHT TO PASS AS AMENDED Report of the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "C" (H-1058) in the House on April 27, 2006.

H-172 LEGISLATIVE RECORD - HOUSE, April 28, 2006 incapacitation of criminals and guarantees minimal sentences. I dealing with these cases and it does it without the unintended would argue that more not fewer victims would come forward if consequences of mandatory minimums which are going to let they were guaranteed protection from their abuser for a longer more of these people out of jail. Please defeat this motion. period of time. We also must remember that it's actually the The SPEAKER: The Chair recognizes the Representative methods and tactics used by defense attorneys during court from Frankfort, Representative Lindell. proceedings that further intimidate the victims. That certainly is Representative LINDELL: Thank you Mr. Speaker. Mr. an area that could be improved upon. Some claim that Speaker, Men and Women of the House. This is the first time mandatory sentences of 25 years is too harsh for the first that I have risen to speak on this issue. It's a tough issue to talk conviction. Does that mean that it's ok to rape or sodomize one about. I have three children under the age of 12 and just the child, but not the second, third or fourth? Opponents feel that thought of this sort of thing is a very emotional and very, very mandatory sentences will impede the judges' ability to solid points are being made on both sides of this argument. I've individualize sentences and will limit their ability to exercise their been tossed back and forth on this issue. On the one hand I do sentencing discretion for those who commit gross sexual assaults believe that the crime of gross sexual assault on a child under 12 against children. I ask you. What circumstances could there deserves, deserves a long prison term and a mandatory possibly be that would condone the rape of an innocent child? minimum sentence of 25 years I think is a reasonable, Should it be less of a crime if you rape one child verses two or reasonable sentence for that crime. On the other hand I've heard three? Should it be less of a crime if you rape your own child or a arguments that proving this crime in a court of law would be family member verses a perfect stranger? Should it be less of a difficult, at best, sometimes almost always impossible, indeed. crime if you rape or sodomize an 18 month old verses an 11 year Often these crimes are committed by family members, in fact less old? Should it be less of a crime if the abuser is 20 or 30 or 50? often direct family members, more often people that have been The vision of young children being raped and sodomized is not a brought into the family later on, not directly related to the child. particularly nice vision. The vision of an innocent child sleeping The thought of that adult member of the family going to jail is in their own bed and being visited in the darkness by a deviant disturbing to the child as it is to the rest of the family. I've heard family member in order to gratify their own sexual desires is not a these arguments and they are correct, however, having spoken particularly nice vision. The vision of an innocent child being to various people about this, particularly the district attorney in forced to perform oral sex with an unsuspecting predator is not a Hancock County, District Attorney Povich and talking about the particularly nice vision. The fear if intimidation on a child's face is technicalities of this and the laws that are on the books. I found it a disheartening and quieting vision. The shame and guilt seen interesting to learn that in fact of the crime of gross sexual on a child's face and the sadness seen in their eyes is the most assault on a child under 12 in our statutes is a somewhat disturbing vision of all. These selfish and demeaning acts cause redundant crime. It's a Class A crime for any person who fear of trusting, a fear of being intimate and a lifetime feeling of engages in a sexual act with a person under the age of 12. It's unworthiness. The subject matter is dark and disturbing; it's all also, as it turns out a Class A crime to engage in gross sexual too real to some and unimaginable to others. Society can no assault against any person who is under the age of 14. For some longer afford to look away; we can no longer afford the physical, reason we have these redundant statutes and what we are emotional and financial costs of these hideous crimes. Children talking about here is creating a mandatory minimum sentence on who are sexually abused have higher rates of eating disorders, one of these redundant statutes. In talking to the DA of Hancock higher rates of alcoholism, higher rates of drug abuse, higher County, he indicated to me that if he were faced with "Jessica's rates of suicides and higher rates of depression and are more Law" he understands that he would find it very hard to prosecute likely to be abusers as adults. It's very simple, if you are in most circumstances. There are some circumstances where convicted of gross sexual assault against a child under the age of there is enough evidence and you can go and you can get that 12 you will serve a mandatory sentence of imprisonment followed conviction in a jury trial, but his approach would be to, if he had by probation for life. It's very simple; there is no room for error, to, to plea to the other Class A crime which we are not talking no misinterpretation, no loop-holes, and no excuses. If we fail to imposing a mandatory minimum sentence upon. The Class A pass this bill we give up an opportunity to substantially protect crime of gross sexual assault on a child under 14 because if a our children. By supporting this legislation we are no longer child is 10 years old they're under 12 they're also under 14. So going to ask our children to carry the burden of guilt and shame. We can make an attempt to protect other innocent children from becoming victims at the hands of these predators. It's time to prevent the destructive life altering acts caused by sexual predators. Thank you, ladies and gentlemen. The SPEAKER: The Chair recognizes the Representative from Bangor, Representative Blanchette. Representative BLANCHETTE: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. When I left this building last night, I thought, that's it; I don't have to discuss one of the most offensive subjects that we have to listen to. It is the very, very sad look in the children's eyes after they have been brutally raped or sodomized by a family member, a stranger or a deviant that was just walking by on the street, that I stand up and ask you to defeat this Recede and Concur motion. This was not a good idea 12 hours ago; it hasn't improved any in the last 12 hours. The very children you want to protect are the very children that will be hurt the most by mandatory minimum sentences. I'm not saying this because this is just exactly what Pat Blanchette believes in. I have to listen and I have to take heed in the people that have to take this children into a courtroom, look those babies in the eye and ask them to stand up and there and describe an act of horror that is so distasteful that I would be ruled out of order in this House if I described to you in detail what these people do when they sexually assault or sodomize a child. Now the Clerk would not stand for what I would have to say because they wouldn't want it in the matter of the public record. This was a bad bill 12 hours ago; it's equally bad right now. I'm going to urge you to vote for the children that you all love dearly, whether they're your grandchildren, your own children, your nieces children or somebody that you don't know, but you feel driven to protect, to defeat this motion to Recede and Concur. Thank you, Mr. Speaker. The SPEAKER: The Chair recognizes the Representative from Harrison, Representative Sykes. Representative SYKES: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. We had a great debate yesterday and I won't spend a lot of time. I just want to remind us that the amended version of LD 1717 that we passed yesterday was a smarter, tougher, greater tool for prosecutors in

H-173 LEGISLATIVE RECORD - HOUSE, April 28, 2006 given that information I see no reason why I shouldn't support The SPEAKER: A roll call has been ordered. The pending this motion to Recede and Concur. I don't see any reason given question before the House is to Recede and Concur. All those in this information that this will create the terrible adverse effects of favor will vote yes, those opposed will vote no. dragging kids into court and pleading down to lesser Class B and ROLL CALL NO. 545 Class C crimes that has been suggested by opponents of this. YEA - Annis, Austin, Bierman, Bishop, Bowles, Campbell, That's where I am. I welcome other comments. If I'm incorrect in Carr, Cebra, Clark, Cressey, Crosthwaite, Curley, Curtis, this, I'd like to hear from other members of the Chamber, but Davis G, Davis K, Duprey, Edgecomb, Fischer, Fitts, Fletcher, that's where I am at this time. Thank you, Mr. Speaker. Flood, Glynn, Hall, Hamper, Hotham, Joy, Kaelin, Lansley, Lewin, The SPEAKER: The Chair recognizes the Representative Lindell, McCormick, McFadden, McLeod, Millett, Moore G, Muse, from Windham, Representative Plummer. Pinkham, Richardson W, Rosen, Saviello, Seavey, Shields, Representative PLUMMER: Thank you Mr. Speaker. Mr. Stedman, Thomas, Tuttle, Vaughan. Speaker, Men and Women of the House. I too had hoped we'd NAY - Adams, Ash, Babbidge, Barstow, Beaudette, had the debate on this yesterday and I don't intend to repeat the Blanchard, Blanchette, Bliss, Bowen, Brannigan, Brautigam, things that I said yesterday. However, the good Representative Brown R, Browne W, Bryant, Bryant-Deschenes, Burns, Cain, from Frankfort just brought up an issue and I spoke with the Canavan, Churchill, Clough, Collins, Craven, Crosby, Cummings, same district attorney and he also told me that he could do the Daigle, Driscoll, Duchesne, Dudley, Dugay, Dunn, Duplessie, same thing that we were just told, he could actually plead it as a Eberle, Eder, Emery, Faircloth, Farrington, Finch, Fisher, victim under 14. In addition, he told me that he didn't think that Gerzofsky, Goldman, Greeley, Hanley B, Hanley S, Harlow, this law was a good idea. Given that, I think we shouldn't be Hogan, Hutton, Jacobsen, Jodrey, Koffman, Lerman, Lundeen, forcing our prosecutors to work around a law. Yesterday Marean, Marley, Marraché, Mazurek, McKane, McKenney, mandatory minimum sentences for this crime were not a good Merrill, Miller, Mills, Moody, Moulton, Nass, Norton, Nutting, idea they are still not a good idea. I would urge you to vote no on O'Brien, Paradis, Patrick, Percy, Perry, Pilon, Pineau, Pingree, Recede and Concur. Thank you. Piotti, Plummer, Rector, Richardson D, Richardson E, Representative DUPLESSIE of Westbrook REQUESTED a Richardson M, Rines, Sampson, Schatz, Sherman, Simpson, roll call on the motion to RECEDE AND CONCUR. Smith N, Smith W, Sykes, Tardy, Thompson, Trahan, Twomey, More than one-fifth of the members present expressed a Valentino, Walcott, Watson, Webster, Wheeler, Woodbury, Mr. desire for a roll call which was ordered. Speaker. The SPEAKER: The Chair recognizes the Representative ABSENT - Berube, Grose, Jackson, Jennings, Makas, Ott, from Farmington, Representative Mills. Robinson. Representative MILLS: Thank you Mr. Speaker. Mr. Yes, 46; No, 98; Absent, 7; Excused, 0. Speaker, Men and Women of the House. I rise having had 19 46 having voted in the affirmative and 98 voted in the years of experience prosecuting many of these cases, perhaps in negative, with 7 being absent, and accordingly the motion to the hundreds in numbers of cases involving children who are RECEDE AND CONCUR FAILED. victims of sexual abuse. Today I'm being told that if we pass this Subsequently, the House voted to ADHERE. law it'll mean nothing, that one or more of the district attorneys ______will just ignore it and plead something else and try to prove something else. Let me tell you ladies and gentlemen, the word By unanimous consent, all matters having been acted upon on the street is 25 years. Twenty-five years or nothing, that's the were ORDERED SENT FORTHWITH. word on the street and that's the word that the DAs will respect ______and adhere to. The law that we pass, if we pass this original bill, LD 1717, without the amendment that we passed yesterday is an extremely strict a very bright line kind of law, no DAs going to say, well I can ignore that and plead something else because maybe there were extenuating circumstances, that's virtually unethical on their part. In prosecuting these cases it's been my observation that more than 80% of these cases involve family members, incest cases or close family friends. I've had the experience of having young girls from rural parts of Franklin County come to the court house and spill their guts in my office. I've had the experience of telling them what the courtroom procedure would be like, brining them through the grand jury, testing them out, as it were. Most of them, most of them revealed these disgraces, these acts in their lives with great, great hesitancy and embracement. Most of them didn't want to say a thing but blurted it out to a friend in the school yard or a neighbor nearby and then it got told to an adult, an adult told a teacher, a teacher told a police officer and the police officer told me. I had to bring the child in and talk her or him into testifying even in a grand jury. Then it would come to trial and maybe DHS had stepped in by then, maybe they'd taken this child out of their home. Maybe they'd taken them out of the neighborhood, out of their town, out their school, out of their county. Maybe that child at age 7, 8, 10, and 12 at that point felt re-abused and punished for having told something, she or he wished they'd never every divulged. I have had cases where that child stood at the door of the courtroom, didn't want to testify against grandpa because the child had already been exiled from his or her family, friends, school, neighborhood, cause DHS had stepped in and done the right thing essentially, but maybe mom had taken dad's side or maybe mom had taken boyfriend's side and the child in several incidences would refuse to go into the courtroom and I had to dismiss the case. In cases recently in Oxford County the district attorneys with whom I've spoke said this has happened just a couple of weeks ago where a child said, "Please I do not want dad to go to jail. I love my father, even though what he did to me was terrible and I want him to have help, but I will not testify. I don't want my dad to go to jail." At some point we have to respect the rights of victims, let them be heard, if that is their wish, fine, so be it. Mandatory minimums without any flexibility which is what this bill would produce doesn't allow the victims to be hears. I beg you as a prosecutor with some experience here; 19 years, don't put those children through that any more, give the DAs, give the attorneys and the judges and victims the flexibility to achieve a just result in the specific circumstances of each case. Thank you.

They want to get degrees in education, they want to give back to ENACTORS their towns and I see this as yet another tool to empowering Acts young people to be able to do that. To give back to those school An Act To Update Teachers' Minimum Salaries communities and hopefully to chose to stay there and live there (S.P. 480) (L.D. 1381) for the rest of their lives with their own children who can then (S. "A" S-620 to C. "A" S-577) chose to make the same choices. I'm looking forward to pressing Was reported by the Committee on Engrossed Bills as truly my green button, Mr. Speaker and I appreciate the opportunity to and strictly engrossed. speak. On motion of Representative JOY of Crystal, was SET The SPEAKER: The Chair recognizes the Representative ASIDE. from Falmouth, Representative Davis. The SPEAKER: The Chair recognizes the Representative Representative DAVIS: Thank you Mr. Speaker. Mr. from Crystal, Representative Joy. Speaker, Ladies and Gentlemen of the House. I reluctantly Representative JOY: Thank you Mr. Speaker. Mr. Speaker, disagree with my friends from Crystal and my seatmate; I have Ladies and Gentlemen of the House. Thank you for taking the great respect for them. I do understand the rural dilemma and if time to explain that situation to me. As I said, I'm not happy just it means paying more taxes in southern Maine to help northern the same, but it's going to create some tremendous cost for many Maine schools I will do it. I would support that. I think if you're of the small school districts even though the State is paying those going to have equal education you must pay equally. I started fees up to what the salary will be for beginning teachers. I ask for my education in East Newport, Maine in a one room schoolhouse a roll call, Mr. Speaker. and we finally moved to Portland and I learned my ABCs in the Representative JOY of Crystal REQUESTED a roll call on third grade. It was great for three years, it was wonderful, but the PASSAGE TO BE ENACTED. education was a little lacking. I understand the dilemma, I'm not More than one-fifth of the members present expressed a saying that goes on today, but I think as an old Roman saying desire for a roll call which was ordered. "Quo vadis?" "Which way are we going to go?" I'm afraid that the The SPEAKER: The Chair recognizes the Representative public school system is in crisis. The federal government has from Hartland, Representative Stedman. had a massive intervention with testing, it also mandated special Representative STEDMAN: Thank you Mr. Speaker. Mr. ed, but didn't pay for it, the State has learning results. I'm not Speaker, Ladies and Gentlemen of the House. I hope you will criticizing any of them, we've already interfered with the reconsider your action that you took earlier today on LD 1381. I government so if it means that we must subsidize those teachers can't understand how people from rural areas can support this bill from the State or however we're going to do it, let do it. Thank in its current form or in its amended form. The pressure that it's you. going to put on the local school systems, especially in rural Maine The SPEAKER: The Chair recognizes the Representative is going to be tremendous, those that have already been from Rockport, Representative Bowen. mentioned. Those that are already in negotiations that are Representative BOWEN: Thank you Mr. Speaker. Mr. running into this conflict right now and it's going to be an ongoing Speaker, Men and Women of the House. The last two speakers problem for those districts even though the State is promising to have used the word reluctant and I'm rising again today to pay the cost for the $30,000 minimum it's not going to cover the oppose this measure with some reluctance, frankly. I spoke cost of all the escalated changes in salary schedules that will be yesterday about why I thought we had done a good job in this forthcoming because of that increase in the base. Even though legislature for teachers and I got some questions sent to me so I it's spread out over 2 years, it's going to be an unbearable burden did prepare a handout, this green sheet which has come around for a lot of these school districts. I just got a phone call this it outline a little bit of what I said yesterday in terms of what we've morning from another school district that says it's going to cost done for teachers, a lot of the things that we've passed and for them $150,000 more in the second year of this even though the retired teachers as well which I believe I neglected to mention. I first year is going to be covered because they don't have that did get a question about, alright we've done all this for teachers, many new teachers in the system coming on board, but in future why can't we do this other thing for teachers and so I got thinking time it's going to cost another $150,000 at the local level to cover about my experience dealing with salary related issues and so this cost. Had this come out as a recommendation and an encouragement to local systems to move in this direction that's one matter, but when it becomes mandated by the State that this take place, I think we've gone in the wrong direction, we've taken away local control and we've turned this whole issue into a State mandate even though it doesn't appear as a mandate on the record. Thank you. The SPEAKER: The Chair recognizes the Representative from Orono, Representative Cain. Representative CAIN: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. I hate to disagree with my friend from Hartland and I hate to disagree from my friend from Rockport and my friend from Crystal. I'm going to be supporting this motion, I am excited to. I feel it's been a big build-up over the last year or so and it's time for this to happen. Just two weeks ago we stood in here, many of us stood in here, and we discussed the issue of the labor market in relation to teacher salaries. Even though it sounds ultra simple the best way to fix the labor market is to pay people more, that's the way you bring up areas. It does sound overly simplified, but it's simply true. This begins to address that issue, because by paying teachers more, by bringing up that low end we immediately provide an opportunity and we're paying for that opportunity to raise those labor markets, to raise what those teachers are getting paid. One point that really hasn't been brought up very much is the issue around what is the non-financial effect of this legislation and I know first hand as someone who has a degree in music education K-12 that when you look and see what you get paid as a first year teacher you immediately want to move out of Maine and unfortunately in my district I have hundreds of students, men and women every year when it's time for them to apply for their first job, they look at their options and they go other places. I've received several calls in the last several weeks and e-mails and letters from people in my age group who've said, I hope you can support this because this give me hope that when I stay in Maine that I'll be able to have a quality of life that I want. I'll be able to chose to live in that rural area that I came from and I won't be forced to live in Portland, with no offense to my seatmates or to the good other Representatives here from the Portland area. Young people want to live in the towns that they grew up in.

H-175 LEGISLATIVE RECORD - HOUSE, April 28, 2006 forth on the local level as a teacher. You will see under the line I this, my friends on Approps will tell you, I must have drafted a wrote on my green sheet; how could this minimum teacher's half a dozen amendments on this thing, phase-ins and property salary bill hurt Maine teachers. The bullet has to do with the tax, all this stuff to try and figure out some way to make this work effect that bumping the bottom of the pay scale has on the when we were working on the supplemental budget. I couldn't relationship between teachers in a building and in a bargaining figure out a way to do it that wasn't going to have a big property unit. My first experience, having started my teaching career in tax burden, wasn't going to have mandate problems, and wasn't Virginia, which was a right to work State, coming to Maine where going to have some kind affect that we didn't want to have. We there were unions in the schools and unions doing the can do this. We can do this through the money we're spending negotiating. I was a union member that first year, the MEA will on EPS, we can do this by working on the State level to try and be happy to know, but my experience with the collective contain costs for the local level. We've got to do something to cut bargaining process was the senior teachers on the staff who down the amount of paperwork in administration those school were in the union and were running the negotiating used their districts and teachers have to deal with. We've got to do negotiating efforts to raise the top end of the pay scale and left something to lower health insurance costs that when people the bottom end of the scale alone. I had about five years complain about my teacher salary what they are really experience at that point. So there was this division created within complaining about is the fact that the health insurance policy that the staff, between the young teachers and the older more I use for my family is costing my district $16,000 or $17,000 a experienced teachers who were at the top end of the scale. Next year. We have to do something about that, that's what's driving time around, we had a younger leadership put into the union and these costs through the ceiling. If we can do something about they pushed on the bottom end of the scale and that makes those costs about insurance costs, about all the other costs that people on the top end of the scale upset and it really honestly did schools have, if we can do something to merge these districts create a division. Such that I remember just this summer talking and cut down on administration we can start to control costs on to a couple of fellow teachers at the school about some of the the local level and that money will go to teachers because that's new teachers that have been brought in and one of the first where the people want it to be, that's why we have this thing in questions I got asked was, how old are they, the new hires. I front of us. So, Mr. Speaker, like I said, I'm reluctant to stand said a couple of them they have quite a lot of experience and one here and continue to fight this, but I really do think that this is the of my colleagues, who is about my age, was disappointed. Just wrong thing to do. I think we can come back next session and what we need, more teachers who are at the top end of the scale really work together for the good Education Committee to start that are going to go to the union and they are going to go to the figuring out ways to control costs on the local level and funnel union and they are going to negotiate at the top end of the scale some of this money to the teachers. We've done some very and leave us behind. That's what they said. So it's not like we good work this year putting stipends in for high quality teachers, are at dagger points or anything in the building, but when you doing something for the young students that my friend and start fiddling with it like this it does create animosity within the colleague the Representative from Orono talked about; we've building. I think other teachers could testify to that. Second, of done some good things this session. We can go home and be course and I mentioned this yesterday, is the effect on the local proud about what we've done for Maine's teachers, but we don't level of the property tax that will inevitably follow this. You know necessarily have to pass this and potentially make it worse. as well as I do the effect of this will be to push upward pressure Thank you, Mr. Speaker. on all salaries. The total cost of that, MMA says will be $50 to The SPEAKER: The Chair recognizes the Representative $75 million across the State. This is not paying for any of that, from Bangor, Representative Norton. that will all come from property taxes and my concern about that Representative NORTON: Thank you Mr. Speaker. Mr. is the effect that this has on support for teachers and schools. Speaker, Colleagues of the House. I do want to commend the This continued upward pressure on property tax regardless of the good Representative from Rockport, Representative Bowen; he work that we have done here. I think about this because I went certainly did quiz everyone when we had the joint hearing on this to a business luncheon a couple of months ago, got myself bill. Every teacher, young teacher, who came before him saying prepared because I was going to speak and talk about business how badly they wanted this he did question them about how related issues. All they wanted to hear about, why is the school would they feel about others making more than them, he budget so high. When I was on the Rockport Charter Commission last year drafting the town charter for Rockport what we heard from people was, how can we have more control over the school budget, the school budget is killing all of us. Can we have veto power over the school budget on the municipal level? We had to look in their eyes and say, No you can't, that's not how it works. I know we're feeling pressure; I'm feeling pressure as a teacher and as a public official that we need to do something about property tax, I think this is going to make it worse frankly. I'm more concerned and I have the last bullet on here, we had a good discussion with the Chair about this, that I'm slightly worried about the mandate on the not mandate aspect of this. If you look carefully at the bill, what it says is, on page five, in terms of how you fund this, the reason there is no mandate preamble on this we were told is because it funds the mandate, so we don't need to put a mandate preamble on it. It doesn't identify a funding source, what it says, it is the intent of the legislature that at least $2.1 million be appropriated in fiscal year 07-08 by the 123rd Legislature, now one of the things you learn when you come here is that one legislature can't bind another. If you want to identify a funding source and say we're going to take money from the real- estate transfer tax or we're going to take money from some other revenue source and direct it statutorily to this, that's one thing, but to simply write in here that it's our intent that the next group that comes and sets in these chairs funds this, I don't know how much binding power that has. If you want to know what OFPR says about that; if you look at the back of my green sheet you'll see what OFPR says. If the Committee keeps the provision creating the mandate and neither funds it nor adds the mandate preamble, they should know that the statutes in question on this bill, which are identified on here, state that the local unit of government is not bound by any mandate unless one of those things happen. So I think that to face the potential here, if the future legislature doesn't fund this, of making this provision unenforceable and you may have a situation where you're going have some school districts deciding to do this and some school districts deciding not to. I'm concerned about this. I hate getting up and speaking about this because I'm a teacher as everybody knows as I have said countless times and I want to help teachers just as much as everybody else in here wants to. I worked on

H-176 LEGISLATIVE RECORD - HOUSE, April 28, 2006 questioned every one of them. There was not one of them who that for the collective bargaining level playing field all across the said even if it didn't affect them they wanted to make sure that State, both municipal and educational. I don't know how we can this money was given to teachers. That this is a fair salary, that it stand here and say that this is just an intent and that we're not was time the minimum salary moved and as the Representative violating our commitment to property tax relief by obligating from Orono, Representative Cain stated, they were saying, all of money up and down the State, particularly in the rural areas that our colleagues have left the State, we have chosen for one subverts the local control and local collective bargaining process. reason or another to stay here, but even if it means that I don't The SPEAKER: The Chair recognizes the Representative move on the salary scale, I think the minimum salary should go from Caribou, Representative Edgecomb. up for those people coming in and for anyone who is below that. Representative EDGECOMB: Thank you Mr. Speaker. Mr. Number two, I do think we need to look at the fact that do we bind Speaker, Ladies and Gentlemen of the House. And in a future legislature? This does not bind a future legislature any conclusion. Many teachers and most school boards would prefer more than your educational funding formula already does and as that we send the salary money to the school districts and allow you can see, or as you realize any legislature coming in may the negotiations process to proceed and that money be change EPS and it will then be up to them to figure out how to distributed that way. I will be voting red on this item. deal with it. This does not mandate a future legislature any more The SPEAKER: The Chair recognizes the Representative than our budgetary process already does. from Hodgdon, Representative Sherman. The SPEAKER: The Chair recognizes the Representative Representative SHERMAN: Thank you Mr. Speaker. Mr. from Newfield, Representative Campbell. Speaker, Ladies and Gentlemen of the House. In conclusion Representative CAMPBELL: Thank you Mr. Speaker. Mr. number two. I would nominate either the Representative Bowen Speaker, Ladies and Gentlemen of the House. We'd mentioned or Representative Millett to be the new Commissioner of unions; I've been on both sides of the fence. I've been a member Education. Thank you. of the union, I was elected at a board of directors at a union, had The SPEAKER: The Chair recognizes the Representative to give up my union card because I took foreman's job, became a from Kennebunk, Representative Babbidge. plant superintendent, assistant vice president of printing. A few Representative BABBIDGE: Thank you Mr. Speaker. Mr. weeks ago, I think it was March 30th; I have a roll call out in front Speaker, Ladies and Gentlemen of the House. There are a lot of of me, we were voting on charter schools. It seems that some of teachers here in the body and I'm sure that we could all tell them that think this is too expensive didn't think starting a whole stories about what our first salaries were at the time that we new school system was expensive, they supported the charter became active in the profession. I've known I wanted to teach schools, and luckily it went down in defeat. So I say if you can since sixth grade, but my first experience wasn't a rural school. support the charter schools, why can't you support the teachers? To me, I had some concerns about this bill originally, but they Thank you. have been alleviated with the more discussion that I've had. I'm The SPEAKER: The Chair recognizes the Representative a suburban teacher who I think, in this case, is advocating for from Waterford, Representative Millett. rural teachers. I think this is going to be good for rural kids. It Representative MILLETT: Thank you Mr. Speaker. Mr. seems to me that one of the concerns that I've had that I know Speaker, Ladies and Gentlemen of the House. I'd like to that rural schools have varying contracts, some that would be bifurcate this issue just for a moment and not bother you with affected differently by a change in the base. The fact of the further discussion about the deserve-ability of teachers for more matter is, whether they have increments in the steps of their money and the reorganization that they all deserve. I think the contract based on a numerical amount or whether it's a general agreement in that regard and I having started in a percentage of the base, if we have seven teachers $1,000 under classroom teaching job where the minimum, if I were to mention it $27,000 in one district and $7,000 in another despite the here would be embracing to me. Having probably been the only differences in those contracts the amount of initial money one in this building other than a gentleman on the other end of provided by the State is going to be the same. That contract will the hall who voted for collective bargaining in 1969, my feeling not be changed as far as those obligations until the contract is have always been that collective bargaining is a matter of local renegotiated. Now will there eventually, whenever that contract control and teachers ought to structure in their bargaining and expires and is renegotiated, will there be an upward impact management as well their proprieties and work on the basis of the authority that we gave them 37 year ago. My concern is the legislative double speak we're engaging in here this morning and have the risk of being seen as being somewhat hypocritical in what we are saying and what we are doing, which I think are in different obits at the moment. Just as a comment here. In June of 2004, Maine Municipal Association referendum question was approved by the voters to go to 55% funding of education and a very clear statement was made. It doesn't allow us to interpret, as the House Chair of the Committee has just indicated to us that, that's only an intent. For us to violate that and say that we are not going to continue to honor the remaining three years of the ramp of the 55%, I think would be really hypocritical behavior on our part. I don't think any of us want to do that and yet what we're really proposing here is to say, well those who signed those petitions and voted in June of 2004 and those of you who voted for LD 1 in January of a year ago, all of whom felt you were getting property tax relief are now being asked to say well forget about that folks we didn't really include the 90% of that new money going into property tax when we enacted it and we've forgotten that last January there was a bill proposed and a State of the State statement committing that 90% of years two, three and four of the ramp, it ought to go to property tax relief. What we are saying this morning is, forget those promises, this is no longer a matter of property tax relief this a vehicle to do some back door mandates. Lets face it folks that's all we're doing. We're saying that this $2.1 million that is the intent in the 2008 will be to fund a mandate, it's not going to help those rural school systems that a suffering now that have seen no property tax relief whatsoever. Those mentioned by the Representative from Blue Hill yesterday are typical all round the rim counties of this State. We're taking away what was intended to be a property tax relief vehicle bringing equity to the State as a whole and we're saying lets forget about that now, let's jump on it as a mandate opportunity. If we can go around the constitutional intent to fully fund mandates as represented on the back page of the green handout from the Representative from Rockport, lets do it, lets just use the word intent and lets just engage in a little double speak here in the legislature now and pretend that we really didn't mandate that. We know that we are doing that, we're doing

H-177 LEGISLATIVE RECORD - HOUSE, April 28, 2006 perhaps of having the newer base established by the State, yes bad thing for the education in rural areas. You'll have classroom probably. I'm not sure that that's a bad thing; the salaries that are sizes increasing, the number of students in the classroom, not going to be reflected by the new contract will be also used by the size of the room itself, sorry about that. You'll find an erosion EPS to adjust whatever State allocation is made in the next cycle. of education just as you'll see an erosion of the commitment So it seems to me that the great concern that I think I'm hearing we've given through LD 1 for property tax relief which this is just from some is not going to take place initially and that this is an another increment of that kind of intrusion on the promise that we opportunity for old teachers, like myself, to support newer made earlier. So I would hope that some of us change our light teachers who are just starting out and perhaps trying to support a and go red on this, please. family and so forth. It was a wonderful thing for this South The SPEAKER: The Chair recognizes the Representative Portland kid to get a chance to teach in Greenville, Maine and I from Mars Hill, Representative Lundeen. would like to think that it was a good thing for Greenville, Maine. Representative LUNDEEN: Thank you Mr. Speaker. Mr. I'm hoping more of that will happen with a minimum wage, you Speaker, Men and Women of the House. Not all young teachers might say, an entry level wage, that is going to be better for that are leaving the State. We have two new young teachers that young professional. The last thing that I would like to mention for were graduated from our school that have jobs this year in our you is that a comparison in my experience. When I was local school. They're there because they choose to live there. I Department Chair and I have to admit that I was pretty much The would like to see the negotiation left locally, it seems to be Department at the small school, when I had a summer vacancy I working. Everyone in this room knows that the teachers deserve might have four or five applications in this rural school. When I more money. I don't think it's the time for more money. Let the became a flatlander in 1981 and went to a larger system, I had a local people decide that, they know, our superintendents know hundred applications every time there was a vacancy. It seems what their districts need, they deal with it daily, they do the to me that this could be a good thing for rural education, a good budget for their school. Of all the school superintendents that I thing for rural teachers, a good thing for beginning teachers and have talked to in Aroostook County, and I've talked to most of good thing for rural kids. I urge you, support this. Thank you. them, are against LD 1381. What does that tell you? I will be The SPEAKER: The Chair recognizes the Representative voting red. from Sabattus, Representative Lansley. The SPEAKER: The Chair recognizes the Representative Representative LANSLEY: Mr. Speaker, may I pose a from Biddeford, Representative Twomey. question through the Chair? Representative TWOMEY: Thank you Mr. Speaker. Mr. The SPEAKER: The Representative may pose his question. Speaker, Men and Women of the House. I've heard about the Representative LANSLEY: Thank you Mr. Speaker. Mr. two Maine's, but I'd like to tell what my superintendent, back Speaker, Men and Women of the House. If it's indisputable that home in Biddeford, southern Maine, 20,000 people in Biddeford, the projections for 07-08 are $2.1 million, approximately and if the has told me when I called her. I said you know I support legislature does not have the money to pay that $2.1 million who education; I support teachers, I'm on record doing so. I said I then will pay that $2.1 million to be in compliance with the law? have a very hard time with this. She told me Joanne, I'm looking The SPEAKER: The Chair recognizes the Representative at my budget and I will be losing $800,000 and I will be forced to from Dennysville, Representative McFadden. let some teachers go. I said you sure you know about the Representative MCFADDEN: Thank you Mr. Speaker. Mr. formula, because they are telling me that you, you know Speaker, Ladies and Gentlemen of the House. I'm not against superintendents are probably not getting this. We went back and teacher's salaries, but there's a case of where the money is forth, we had this dialogue and she said, I'm telling you Joanne coming from two or three years down the road. I know teachers that we are going to be losing $800,000, it's because of the EPS have a hard day and a year in front of them. I know most people model, it's because Biddeford has not made the full commitment think they work from eight in the morning until two in the to education, I'll be honest about that, but that's what we are afternoon, I know differently because I was in education looking at. Then I'm looking at the BETR Program that's also administration for 36 years. I know they have lesson plans, they going to take some money out of my town. So what do I do when have in-service and they have to gain six credit hours every five I go back home for people who are calling me and saying I can't years and so forth and so on. Well, I'm really concerned about afford the gas, I can't afford my oil next winter? I'm going to be the towns and the money as my good friend from Crystal just mentioned. I'm in a district where the labor market is 85% for general purpose aid, which doesn't help in any of my schools, but there's a couple things I just want to mention. A spread sheet came out two years ago from EPS where the local foundation allocation was 8.25 mils, a second one came out, I believe it was February 2nd or 3rd of this year where it had dropped down to 7.6 mils, approximately a 2/3rds of a mil drop in the local foundation allocation. It looks to me like once this bill goes through in two years down the road when the towns pick up the tab, under EPS this local foundation allocation is going to rise again. What it looks like to me is the property taxes are going to soar against what LD 1 dictated back before. Now the other thing it's an unfunded mandate for the towns, another one that's happened over the years and the third thing that Representative from Waterford just mentioned is the people voted for 55% cost of EPS for the State to pay and now here we are, we're not fulfilling this we are only up to 50%, I believe at this time and then we are trying to raise teacher's salaries. I want the teachers to be paid more there's not question about it, they deserve it, but when it comes down to the towns paying for it they just can't do it. I really can't vote for this. I'd like to see them have the raise, but I can't vote for it. I guess I want may cake and eat it to. Thank you, Mr. Speaker. The SPEAKER: The Chair recognizes the Representative from Blue Hill, Representative Schatz. Representative SCHATZ: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. Two things, one there was a question posed to the Chair a little while ago, I'd like to hear the answer to that as well. Also, I'd point out to my good friend Representative Babbidge, the implications to the smaller schools the rural schools we're hearing a lot about of the upper pressure on the wage structure of other teachers and other staff in a school. The school boards will have to debate amongst themselves, how to get the money, if they should go to the town to the tax base and get the additional money. In most cases because you know we're capped and we don't want bring in more money than required and they will find the situation where they will try and keep the budget within the cap and what they will end up doing is decreasing services to the students. So this will be a

H-178 LEGISLATIVE RECORD - HOUSE, April 28, 2006 sending them a minus on our budget because of the things that Richardson E, Richardson M, Richardson W, Rosen, Sampson, we are going up here. Who doesn't support teachers, who in Schatz, Seavey, Sherman, Shields, Stedman, Sykes, Tardy, their right mind would want to vote against this and have to go Thomas, Twomey, Vaughan. back home and face it. It's been a difficult situation, but I have to ABSENT - Berube, Craven, Grose, Jennings, Makas, Ott, think about everyone in my community, not everyone is a Robinson. teacher, not everyone is a firefighter, not everyone has Yes, 76; No, 68; Absent, 7; Excused, 0. healthcare. It's whose the best organized; is this what it's coming 76 having voted in the affirmative and 68 voted in the down to; who has the most lobbyists in the hall. Who put me in negative, with 7 being absent, and accordingly the Bill was this in this seat, who elected me, whose going to be struggling PASSED TO BE ENACTED signed by the Speaker and sent to next year, how do we know what the oil is going to be like next the Senate. year, what's that cost going to be. It's not the right time. It's not ______just beginning teachers it's a step-up increase for all teachers. So if it was just focused for the first new year teacher, the people By unanimous consent, all matters having been acted upon just coming in I could see it and I think that should be negotiated were ORDERED SENT FORTHWITH. with our local bargaining unit, this is taking this away. ______The SPEAKER: The Chair recognizes the Representative from Newfield, Representative Campbell. The House recessed until 3:30 p.m. Representative CAMPBELL: Thank you Mr. Speaker. Mr. ______Speaker, Ladies and Gentlemen of the House. You know when you listen to one superintendent you're going to get one vote and (After Recess) if you don't listen to all those school teachers you're not going to ______get those votes. The SPEAKER: The Chair recognizes the Representative The House was called to order by the Speaker. from Allagash, Representative Jackson. ______Representative JACKSON: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Try and be fairly The following items were taken up out of order by unanimous brief, but you hear a lot discussion about rural schools being consent: affected and all that. I pretty sure that I'll debate with anyone that REPORTS OF COMMITTEE I'm as rural as anyone in this chamber. Just in the town that I live Divided Report in there are 200 people, 72,000 acres of land, that's 360 acres for Majority Report of the Committee on TAXATION reporting each resident of the town of Allagash. The argument that this Ought to Pass as Amended by Committee Amendment "A" hurts rural schools, I don't agree with, you can argue why or (H-1078) on Bill "An Act To Replace Municipal Revenues Subject anything like that I don't know a lot about the EPS, but we to Business Equipment Property Tax Exemption" actually do well in the SAD 27 by it for whatever reason. This (H.P. 1452) (L.D. 2056) thing with teachers, in the early 1980s my mother graduated from Signed: college with a teaching degree, she was recently divorced from Senators: my father and times were tough. Her first year salary was PERRY of Penobscot $14,600 and I never considered myself poor or underprivileged, COURTNEY of York but those were certainly the toughest times in our lives. She had STRIMLING of Cumberland a four year degree, she was what I would consider a professional and she should have been making more. Years later after I got Representatives: out of high school and went into logging profession, no education, HANLEY of Paris basically just had to pick up a chain saw and made more money CLARK of Millinocket in a short time of the year than she did in after having a four year McCORMICK of West Gardiner college education and right up until now I do have college WOODBURY of Yarmouth education, but I'm still working the logging field and I probably still make more money than she does after having close to 30 years of teaching in. I just feel that it's an underpaid professional position I don't agree with the arguments that it's going to cause less teachers, bigger classrooms. When I went to school, I make this argument a lot; I went to school at St. Francis and they had a parking spot for every teacher at the schools and there were probably 12 to 15 cars back when I went to school, now you go there and there are cars everywhere. I think now that there are more teachers than ever in our school systems; I don't think this is going to cut back on the amount of teachers. I think these people deserve a little more for a profession that I know personally, I would not be standing here today if it wasn't for a lot of good teachers in my life and I'm more than willing to take whatever consequences there are back home to support these people because I think they deserve it. The SPEAKER: A roll call has been ordered. The pending question before the House is Passage to be Enacted. All those in favor will vote yes, those opposed will vote no. ROLL CALL NO. 546 YEA - Adams, Babbidge, Barstow, Blanchard, Blanchette, Bliss, Brannigan, Brautigam, Bryant, Burns, Cain, Campbell, Canavan, Carr, Clark, Crosby, Cummings, Davis G, Driscoll, Duchesne, Dudley, Dugay, Dunn, Duplessie, Eberle, Eder, Faircloth, Farrington, Finch, Fischer, Fisher, Flood, Gerzofsky, Glynn, Goldman, Greeley, Hanley S, Harlow, Hogan, Hutton, Jackson, Koffman, Lerman, Marley, Marraché, Mazurek, McCormick, Miller, Mills, Moody, Moore G, Norton, O'Brien, Paradis, Patrick, Percy, Perry, Pilon, Pineau, Pingree, Piotti, Rines, Saviello, Simpson, Smith N, Smith W, Thompson, Trahan, Tuttle, Valentino, Walcott, Watson, Webster, Wheeler, Woodbury, Mr. Speaker. NAY - Annis, Ash, Austin, Beaudette, Bierman, Bishop, Bowen, Bowles, Brown R, Browne W, Bryant-Deschenes, Cebra, Churchill, Clough, Collins, Cressey, Crosthwaite, Curley, Curtis, Daigle, Davis K, Duprey, Edgecomb, Emery, Fitts, Fletcher, Hall, Hamper, Hanley B, Hotham, Jacobsen, Jodrey, Joy, Kaelin, Lansley, Lewin, Lindell, Lundeen, Marean, McFadden, McKane, McKenney, McLeod, Merrill, Millett, Moulton, Muse, Nass, Nutting, Pinkham, Plummer, Rector, Richardson D,

provides an additional allocation to the Revenue Sharing II CLOUGH of Scarborough Program which provides supplementary compensation to service BIERMAN of Sorrento center communities and other high mil rate communities. The WATSON of Bath additional allocation begins at $2 million and phases up to $4 SEAVEY of Kennebunkport million. A final component of the bill is that it eliminates the so- PINEAU of Jay called double-dip where businesses can receive both TIF reimbursements from their municipalities and BETR reimbursements from the State. This bill has been a Minority Report of the same Committee reporting Ought Not collaborative effort of leaders from both parties. I want to to Pass on same Bill. recognize particularly the leadership of the Representative from Signed: Sanford, Representative Bowles and the Representative from Representative: Brunswick, Speaker Richardson. This bill will remove an HUTTON of Bowdoinham important disincentive to business investment and expansion in Maine and will promote the future growth of Maine's economy READ. and I urge your support. Thank you, Mr. Speaker. Representative WOODBURY of Yarmouth moved that the The SPEAKER: The Chair recognizes the Representative House ACCEPT the Majority Ought to Pass as Amended from Bowdoinham, Representative Hutton. Report. Representative HUTTON: Thank you Mr. Speaker. Mr. The SPEAKER: The Chair recognizes the Representative Speaker, Women and Men of the House. I know that as a 12 to 1 from Yarmouth, Representative Woodbury. and me being the one, I don't stand much of a chance of actually Representative WOODBURY: Thank you Mr. Speaker. Mr. convincing you to vote against this bill and it's not my intention Speaker, Women and Men of the House. Eliminating the tax on necessarily to tell you to vote against it. The Committee business equipment is a goal many in the legislature have had for Amendment to LD 2056 is the best compromise possible from the a long time. Eliminating the tax is very important in providing original bill. Within the time allowed, this compromise was all that stability and predictability and confidence to business in making could be achieved and some of the fears of the municipalities decisions to invest and expand in Maine, that's why this bill is so have been dealt with. Businesses are getting an extended tax important. What has made this unattainable in the past is the break forever; manufacturing businesses in the future will no complication of how to adjust the financial systems of longer have to pay the personal property tax. It removes the government to deal with the lost revenues that our cities and double-dip from the mix relieving the towns of the burden of towns have come to depend on for the support of local services. providing tax breaks for businesses and I want to say This bill eliminates the tax on business equipment investment prospectively, the ones that are there are still going to be there. I going forward and in addition puts in place a mechanism to would be remiss unless I took a bit of time to also point out to you assure that municipalities are well compensated for the that there has been a variety of things that passed through your elimination of that tax. Though the discussions around this bill desk. In one passed out at the request of the Speaker that puts have been going on for some time, I want to take a few minutes forth something about MMA's support. I just want to read you an this afternoon to describe the details of the Committee Report. email that was sent out today to towns about where the MMA First I want to talk about the motivations for the bill, second I want stands, so quote. "It is therefore more accurate to say that MMA to describe in some detail how the tax exemption applies to believes that the Committee Amendment to LD 2056 represents business property and third I want to discuss the impact on the most that is possible to achieve with respect to property tax municipalities, as I know this was a particular concern in earlier protections given this political environment. If the bill proponents versions of the bill. So first, motivations, States differ want to characterize that as equivalent to supporting the bill they considerable in their tax treatment of business machinery and are overstating the case." So why do I stand here before you to equipment. Our historical decision in Maine to fully tax business speak against the bill? I wanted to read you something that was machinery and equipment is one of many factors influencing in the original statute and is in this bill as well on page 10, quote. business location decisions, but it puts us at a competitive "The legislature further finds that the programs set forth in this disadvantage relative to states that exempt business equipment from taxation. We are in affect discouraging the core business infrastructure that supports jobs, job growth and income to Maine residents. This bill makes us one of the exempt states instead and as a result gives us a better chance going forward in attracting the new business investment and new business expansion that is so important to Maine's economy. Let me now get into the details of the bill. The first thing to note is that this is a prospective change, all property that is currently in place in our cities and towns will continue to be taxed as it is now. The tax exemption only applies to new investments put in place in 2007 or later. I emphasis this because none of our towns will lose any of the existing tax base that we are currently taxing. It is only future investments that will be tax exempt. Also, property that is already in place and eligible for reimbursement in the business equipment tax reimbursement program will remain in the BETR Program with 100% reimbursement of taxes paid for the first 12 years in the program, just like it has now. In addition, the bill extends BETR reimbursement beyond the initial 12 year period with reimbursement rates of 75% in the 13th year, phasing down to 50% in the 18th year and thereafter. Personal property used in a storefront retail business and used for retail activities will also continue to be in the BETR Program with the same extended reimbursement schedule. Both the prospective tax exemption and the extended BETR duration of the BETR Program for the existing property and for retail property will make the tax environment in Maine significantly more friendly for business operations and expansion going forward. Now let's turn to the impact on municipalities. As I emphasized before, property that is already being taxed because it is in place now will be continued to be taxed. So the issue of lost revenues and compensating for lost revenues relates to new equipment that is put in place in the future and this bill does the following things to mediate that impact. First, there is a baseline reimbursement rate that begins at 100% when the bill is first enacted and phases down to 50% over time. Second, there is a supplementary reimbursement for communities that rely a lot on personal property tax revenues. So for example, a community that currently depends on personal property taxes for 80% of its revenues, a lot, would be reimbursed at a rate of 90% for the new property rather than the baseline reimbursement. Third, the bill

H-180 LEGISLATIVE RECORD - HOUSE, April 28, 2006 chapter is a reasonable means of overcoming this disincentive a climate in the State of Maine where businesses would feel that and will encourage capital investment in this State." This is they had an even playing field with other states. Where they originally there, so we know that previous to this we thought that could come into the State of Maine and not pay a tax that was this was a good idea and that taking away this disincentive by either higher or even non-existent in other states, that they could having BETR would cause businesses to invest in our State. make an investment in Maine that would enable them to provide Well, 38 other states have the same tax that we have and the growth for their own company and of course at the same time Committee really never addressed the issue at this time, we did employment for our Maine people and better jobs. Over the no in-depth study of whether or not this is a true statement. We years there have been so many attempts to weaken and dilute didn't examine for example, the way New Hampshire taxes that effort, even last year we reduced the payout from 100% business, we didn't consider that and they do a different tax. I'd reimbursement to 90% and as you know, several other attempts quoted the wrong number in caucus the other day; they actually were made to make major changes to it. That we were losing the have a 9.25% collective tax on businesses but they tax on a confidence of the business community and especially those different point in time then upfront. So to me the validity of that companies that had out-of-state management. It was very statement is still in question. To me this bill is a band aid and the difficult for the people representing them in the State of Maine to problem of taxing business investments will not heal without real convince those parent companies that it was a safe place to comprehensive tax reform. I asked to be on the Tax Committee invest anymore. We needed to overcome that because it's very to do tax reform and I was told that the possibility of reform was important that we attract investment in this State. Without real and that we would continue the good work from LD 1. In my investment, you don't stand still, you're not going to just continue third term would think that I would have known better. The bill on with the same businesses you have, you're either going to get and/or the Committee Amendment is just that band aid for part of new investment and new businesses or you're going to lose a much larger problem. Is the current tax system fair, does it investment and lose businesses that you already have. It's very distribute the burden fairly among Maine residents and important that we stabilize this and we stabilize it now and LD businesses? Does it really promote investment in business? 2056 will do that. I hope you can look forward to keeping this Can the lowest wage workers support themselves? Is there a program in effect over a long period of time because businesses, way to get them more of a tax break? Is there a way to take the when they make an investment they do their performers out over burden off of the property taxes, and many other questions come period of years, some 10, 15, 25 years to see how they're going to mind? All of these questions are interconnected with our tax to fair with that investment and what kind of a return they can get. code and they all need to be balanced to create a fair tax system. If you can't get a return on an investment you don't make it. If I would have fully supported a Joint Select Committee to address you don't get investment in high technology equipment today you these issues to take our time, review these and study these and don't remain in business, you don't remain competitive. Again, come back in the next legislative session to create a real tax it's very important. On the question of MMA, I have a copy of the reform package. This issue needs our attention and this bill only memo from MMA on MMA's position that was distributed by patches up a problem that will resurface over and over again. All Speaker Richardson and I'd like to read this to you, and it says. we're doing is shuffling tax payer dollars around to benefit the "MMA is not opposed to LD 2056 in its final form, it is not 100% manufacturing businesses and trying to find the revenue to return of what the municipalities wanted," as I'm sure you know and I to the towns to reimburse them for their losses, and they do have would add it's not 100% of what any of us that were at the table losses, they are never kept 100% whole. We're providing tax wanted. It is difficult, as I am sure you can understand to get relief for businesses, not tax reform. So for those of you in your everyone a 100% on board, however, I feel a good faith effort has next term who are unlucky enough to serve on the Tax been put forward by all parties involved. I appreciate all the work Committee, I employ you to look at all of the interconnected that MMA's staff, you and the legislature have done to pieces and create that real comprehensive tax reform package compromise and I hope LD 2056 can be passed so that we can for the people of Maine. Thank you. move forward." This was signed by Ryan Pelletier town The SPEAKER: The Chair recognizes the Representative manager, St. Agatha, President of the MMA. So, MMA is not from Biddeford, Representative Twomey. opposed to this legislation, they support this legislation and ladies Representative TWOMEY: Thank you Mr. Speaker. Mr. and gentlemen of the House, I hope you will vote with me in Speaker, Men and Women of the House. As many of you having been trying to get rid of this, I've been trying to oppose getting rid of this because this is nothing more than a tax shift. This is nothing more than a shell game because no matter who reimburses at 50% that's still tax dollars. I have this book from corporations to individuals and its sources of who pays taxes and who doesn't pay taxes and in 2003 individuals taxes made up 90%, corporate taxes made up 7% and other made 3%. So who really pays the taxes? This is a shell game. I went to MMA and I scolded them, I said, how could you have jumped on this. They said to me, one gun or two guns, Joanne, which one do you take? So I asked them, because I wasn't satisfied with what I heard in caucus, some of the answers weren't clear, give us the line for our towns, well we can't. So I asked MMA to do it for me for Biddeford and they had to look at a variety of things, real estate, property, exempt property, loss revenue, reimbursement and they did. By the sixth year, we'll be losing a little over $156,288, well that might be a drop in the bucket you say, but it isn't. On top of everything else we're sending home, where is that person whose struggling, when do they get their tax break? If you don't like TABOR, then what's the answer? What is the answer to tax reform? We don't have the courage of our convictions in this House to pass progressive tax reform and I heard it for eight years, starting with Bonnie Green, I almost thought this morning when I heard her name, that I should send a little note, saying, Bonnie, its eight years later and we still don't have tax reform, when she promised it when I was a freshman. This is about an election, this is about a promise made to do away with this, hand shakes and a blink of an eye and we're going to do away with this. Let's find out whose really paying for this, it's the towns, it's the property tax payers, and it's shifting the burden without real tax reform for those people who work every single day, there's no help for them. Thank you. The SPEAKER: The Chair recognizes the Representative from Scarborough, Representative Clough. Representative CLOUGH: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I'd like to bring the focus back on to what this bill is designed to do, why we're doing this today. Back in 1995 when we passed the original business equipment tax reimbursement program it was to provide

H-181 LEGISLATIVE RECORD - HOUSE, April 28, 2006 support of the pending motion. Mr. Speaker when the vote is from now they won't have it anymore. Stop and think, look back taken, could we have a roll call? over the years, do you think subsidies would have kept the shoe Representative CLOUGH of Scarborough REQUESTED a roll industry in Maine? Do you think that subsidies would have kept call on the motion to ACCEPT the Majority Ought to Pass as the canneries? Do you think that subsidies would have kept the Amended Report. woolen mills? We're looking, we're talking about an industry More than one-fifth of the members present expressed a that's already looked into the future and seen their obsolesce and desire for a roll call which was ordered. they're asking us to continue subsidizing them. If the State of The SPEAKER: The Chair recognizes the Representative Maine is going to have a realistic tax policy it's got to put it's from Millinocket, Representative Clark. money where it's going to grow industries of the future and Representative CLARK: Thank you Mr. Speaker. Mr. companies of the future, not put it into an industry that's already Speaker, Women and Men of the House. I think it's no secret to decided it's dying. We've already been left with the residues of the members of this body where I live; I live in a paper mill town. these international companies that leave us with their waste that I represent three towns that live off a paper mill; I work in a paper the State has already picked up on. It's not time to continue mill. I can tell you I also was a town father; I know what the subsidizing an industry that has decided that it's going to be gone towns are going through. The original bill, I think it's no secret in 15 to 20 years. I'm going to vote against this. here, I had a lot of heartburns with, had a lot of problems with it The SPEAKER: The Chair recognizes the Representative because my towns are going to lose a lot of revenue coming off from Lincoln, Representative Carr. the BETR Program. I can tell you being part of a rebuild on a Representative CARR: Thank you Mr. Speaker. Mr. paint machine in Millinocket, knowing how competitive the paper Speaker, Ladies and Gentlemen of the House. I like one of the industry is, if you don't stay within the market, if you don't stay previous speakers, the Representative from Millinocket, competitive you end up belly-up. I can tell you what that's like Representative Clark, I live in a mill town as well. I know that at too, been going through that, but thank god that we do have a least many on this side of the aisle knows that I had a great deal new machine in Millinocket or Millinocket would not be up and of heartburn on this bill when it first came out and had to endure running today. A lot of effort went to put this bill together and some discussions between myself our leader Representative make it a Majority Report. I don't think that any of us really like Bowles. I do want to make sure that everybody knows that in the entire bill, the whole bill, but there are pieces in there to help some of those discussions that I have read the latest version, I've everybody, it helps my town, it helps my mills, it helps us stay also spoken with MMA representatives. I've read all the material running if they ever want to do any modernization later on down that has been sent out and I plan on voting for this. I think it's a the road. It's been no secret I've been part of the BETR Program good bill for the future, I think it also protects the towns. It's an since 1995 when it was first created as well as a few other opportunity for us to perhaps have some development in places members in this body. None of us ever thought it was going to that hasn't had it before. So I would urge you to vote for this. live as long as it has, but it really blossomed to the point that it Thank you, Mr. Speaker. exceeds probably around $80 million if not more and climbing. I The SPEAKER: The Chair recognizes the Representative think it's time now that we take a strong look at it. A lot of my from Bowdoinham, Representative Hutton. concerns have been ironed out, taken care of, not at 100%, but Representative HUTTON: Thank you Mr. Speaker. Mr. something I can live with, something my towns can live with. Speaker, Ladies and Gentlemen of the House. I just wanted to That's one reason why, Mr. Speaker, women and men of the clarify two things that came across your desk. One is a piece of House that I'm on the Majority Report. I hope when the vote is paper that at the top says, distributed at the request of Speaker taken that you'll support the Committee and move on with the John Richardson, the other one is distributed at the request of work and make sure that these people move on with doing Representative Deborah Hutton, one is from Ryan Pelletier who business in the State of Maine. Thank you, Mr. Speaker. says, in no where in this email does it say MMA supports, it says The SPEAKER: The Chair recognizes the Representative MMA is not opposed to LD 2056 in it's final form and that's the from Van Buren, Representative Smith. one from Speaker John Richardson. It says that we hope that it Representative SMITH: Thank you Mr. Speaker. Mr. can be passed so that we can move forward, it does not say, we Speaker, Ladies and Gentlemen of the House. We're looking at fully support this. Again I would read that quote from MMA, I this bill, at a certain concept in tax policy. I think we need to take a look at, are we going to look at tax policy until the next election or are we going to be looking at tax policy for the future? Now one of the principles, of course, of taxation at the municipal level is that the various persons and entities share the responsibility for the services rendered by that municipal government. We do know that those companies that pay tax on business equipment are the beneficiaries, probably the primary beneficiaries of municipal spending on education, law enforcement, fire protection and many other such things. So they're the users of the municipal tax dollar as well as the homeowners and such. So as a matter of tax policy it makes me hesitate to all of a sudden give a subsidy or blank check to a business simply because they're a business in a town and say, you don't have to pay for your part of the services. Now there's another aspect of this bill that troubles me, when the BETR Program was passed back in 1995 or thereabouts the BETR Program was going to encourage investment and the way it did that is it gave a subsidy or payback on the taxes paid for a 12 year period and you can see the logic in that, it is presumed that equipment is going to be depreciated after 12 years and you want to encourage the businesses to renew equipment after that 12 years, to make further investments. Now what do we have here? I'm going to address this basically to paper companies because I think that this is a paper company bill and they've been the primary sponsors and demanders of this bill. Now having made their deal in 1995 while it gives us a bye of 12 years and we'll pay property taxes after. Now they've come back and found a way to engineer a tax break, well now after the 12 years it's going to continue onward. Now stop and think tax policy wise, what's going to happen if there's an incentive to keep that same 12, 13, 14, 15, maybe 20, 25 year old equipment. There's no longer the incentive to renew it, there's an incentive to keep it and not renew it. This gives me particular trouble when I think of the paper mill industry. We've all heard about the paper mill industry selling off their forestland, millions of acres have been sold off by the paper companies and we're not dealing with State of Maine companies, we're dealing with international companies who don't have a stake in the State of Maine, they're looking at the bottom line for their stockholders. They sold off their timber resources. That means, 15, 20 years

H-182 LEGISLATIVE RECORD - HOUSE, April 28, 2006 hope that you would take the time to look at the full email that The SPEAKER: The Chair recognizes the Representative came from MMA and their position on LD 2056. Again the last from Oxford, Representative Hamper. line says, "If the bill’s proponents want to characterize those, Representative HAMPER: Thank you Mr. Speaker. Mr. equivalent to supporting the bill they are overstating the case." Speaker, Ladies and Gentlemen of the House. I withdraw my So please take a look at those two just so you are clear on where objection. MMA stands. Subsequently, Representative HAMPER of Oxford The SPEAKER: The Chair recognizes the Representative WITHDREW his OBJECTION to Representative HUTTON of from Monmouth, Representative Smith. Bowdoinham speaking a third time on the pending question. Representative SMITH: Thank you Mr. Speaker. Mr. The SPEAKER: The Chair recognizes the Representative Speaker, Men and Women of the House. As a survivor of the from Bowdoinham, Representative Hutton. Joint Select Committee on Property Tax Relief with more than Representative HUTTON: Thank you Mr. Speaker. Mr. one after midnight negotiation session, I respect the Committees Speaker, Men and Women of the House. I want to say thank you hard work on this issue. As the owner of a land and equipment to Representative Smith for her observation that we miss things intensive business, I acknowledge the significances of this issue, in this. I just want to point out, when you rush legislation you do we pay this tax. I also understand the delicate balance of a hard lose in the process, you lose on opportunities that you could have earned compromise. I will vote for this bill and I encourage you taken advantage of had you had the time. I wanted also to point to do the same, however, there's a glaring oversight, a missed out that the legislative findings that she quoted from were not opportunity to correct current Maine revenue services rules. In legislative findings from this work that we did this session, it was the flyers that were distributed by the Speaker and the from the original bill when it was put into place 12 years ago. Republican Leader, they state that new equipment will be exempt Thank you. from personal property tax. That isn't quite the way the program The SPEAKER: The Chair recognizes the Representative works. The issue is in the current rules. Maine Revenue from Manchester, Representative Moody. Services outlines that business equipment does not qualify for Representative MOODY: Thank you Mr. Speaker. Mr. the tax exemption if it is purchased to be used from an in-state Speaker, Men and Women of the House. There are obviously vendor. It's considered to be already in service in the State. So two issues at stake here; one of them is that of the levying of frugal business owners who purchase equipment, say from Uncle personal property in the first place and the other is the Henry’s, as I have several times, will continue to pay personal reimbursement of the levy. As many of you know, I've been a property tax on that equipment, which if it had been purchased strong advocate of a growth from within economic development new or used from away would be exempt now and under the philosophy for Maine and what that means to me is an pending legislation, that's just plain wrong. The rational for the entrepreneurship endeavor. So that we'll build our own rule, I am told, is that business owners would basically trade businesses from within and any kind of a personal property tax is equipment, selling or swapping to avoid the tax or even manage onerous to those who are borrowing money, raising what private somehow to sell it to themselves. The answer, of course, is to capitol they can and having to pay taxes before they go through forbid this sort of gaming without penalizing all business owners the first, 2 or 3 or 4 or 5 years before they break even. So I don't who shop around for the best deal on needed equipment. The know if this, the BETR Program, is being exempt from it will Committee has done good work on this bill and I support it. I will encourage growth in our State other than for that from within. I also continue to work to improve on its intent. This morning I don't know if being exempt will keep our businesses here. I think submitted my first bill for the next term. If any of you are there are a lot of reasons that businesses leave that has nothing interested in cosponsoring, it's going to deal with exactly that to do with whether or not they're viable it may have something to issue of equipment that is purchased used from in-state sources do with how many golf courses they have, I have no idea. What I to make them eligible for the exemption as well. In closing I want do know is that the BETR reimbursement program is a classic to read a paragraph from the pending legislation, on page 9 example of inefficiency in government. It discourages small section 699, paragraph 1, legislative findings, "The legislature businesses start-ups and here's how it works. The municipalities finds that encouragement of the growth of capitol investment in levies the tax and they inform the business owner you pay this this State is in the public interest and promotes the general tax and we have a staff here who will go through all that and help welfare of the people of the State. The legislature further finds you develop an application to file for reimbursement and then that the high cost of owning qualified business property in the State is a disincentive to the growth of capitol investment in this State. The legislature further finds that the tax exemption set forth in this subchapter is a reasonable means of overcoming this disincentive and will encourage capitol investment in this State." My concern is that frugal business owners who invest in used equipment that's purchased from in-state sources should be acknowledged in this finding. Thank you. Representative HUTTON of Bowdoinham REQUESTED unanimous consent to address the House a third time. The SPEAKER: The Chair recognizes the Representative from Bowdoinham, Representative Hutton. Having spoken twice now requests unanimous consent to address the House a third time. Is there objection? Chair hears an objection. Representative HAMPER of Oxford OBJECTED to Representative HUTTON of Bowdoinham speaking a third time on the pending question. The SPEAKER: The Chair recognizes the Representative from Manchester, Representative Moody. Representative MOODY: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. Sorry to have to follow that incident. The SPEAKER: Would the Representative defer? The Chair recognizes the Representative from Biddeford, Representative Twomey. Representative TWOMEY: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. Point of order, could I appeal your decision or that decision? The SPEAKER: You can ask that the matter be put to a vote. The Chair recognizes the Representative from Biddeford, Representative Twomey. Representative TWOMEY: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. I'd like to have that matter put to a vote. Representative TWOMEY of Biddeford REQUESTED a division on the OBJECTION of Representative HAMPER of Oxford, to Representative HUTTON of Bowdoinham speaking a third time on the pending question.

H-183 LEGISLATIVE RECORD - HOUSE, April 28, 2006 they have a staff down in Augusta who will evaluate your good corporate citizens. I want to thank the members of the Tax application and they will send you back a notice that says that Committee particularly. Although this bill was worked on by an they either honor that application or they will suggest how you awful lot of people ultimately it was the Tax Committee that kept might amend it, or they might tell you that we are not refunding the bill alive and every single member and I mean that sincerely, this year. That is something that happened to me a couple of every member of the Tax Committee made some contribution to years ago. So the conclusion that I came to, therefore, is that the this product, it was almost an extraordinary effort. Mr. Speaker, I BETR Program is something of a money-laundering scheme that thank you. I appreciate your diligence in this matter, your support should be lifted because it's a burden on business. Thank you, and the hard work that you've put into this legislation. I want to Mr. Speaker. particularly thank Martha Freeman from the State Planning The SPEAKER: The Chair recognizes the Representative Office; she provided us with insight and analysts and was helpful from Wilton, Representative Saviello. at every step of the way. Commissioner Cashman and T J Representative SAVIELLO: Thank you Mr. Speaker. Mr. Tavares from the DECD worked with us through every step of Speaker, Ladies and Gentlemen of the House. I'm sure you this bill. This was truly a collaborative effort and it was truly a already know who I work for, but this bill to me is not about the bipartisan effort. So Mr. Speaker, I'm looking forward to a strong paper companies, it's about Jardine Industries, it's about Nichols vote and I appreciate again the help that everyone gave to this, I Welding, its Likeable Recyclables, it's about the logger in Phillips, think you can all be proud of the result. Maine. Let me explain, Jardine Industries located in Wilton, The SPEAKER: The Chair recognizes the Representative makes plastic spoons, probably the plastic spoons that you may from Bath, Representative Watson. have used today at lunch, were made by Jardine Industries. Representative WATSON: Thank you Mr. Speaker. Mr. They have to replace that spoon maker in the next year of so. Speaker, Women and Men of the House. This has been an Their direct competition is New York State, not Asia, New York extraordinary debate in one respect, everyone who has risen has State. New York State does not have a business equipment tax. been absolutely right, whether they are on one side of the issue Nichols Welding some of you have just heard about Nichols or the other, everything that has been said, with the exception of Welding in the news, they got a big contract from the Federal a couple of phrases has been absolutely right. My good friend government to build trailers. Their other goal in that building is to the Representative from Bowdoinham, Representative Hutton bring 700 new jobs into our community; they want to have light points out that the basis of this problem is not business manufacturing in there. They need to be able to go out as a equipment tax, its not reimbursements to municipalities, its not sales tool to say we don't tax your equipment that makes this trying to figure out to make this work, it's just simply bad tax product, whatever that product may be. Likeable Recyclables; policy, to tax investment. A business is just getting started up, new company about to open in Avon, Maine, that company is buying its capital equipment and we, the State or the municipality, going to recycle computers, it will be the first one in Maine, but as steps in and taxes it. Instead of allowing that business they go and grow, hopefully 60 jobs, they're going to need equipment to be installed, the business to get up to speed, specialized equipment to do this, their competition is Asia. production start and employees be hired, things being worked Finally it's the logger who stopped me in the store and he does out, 4 or 5 years down the run when you're showing a profit that's take his equipment and he does apply for BETR and goes the time to come in and tax perhaps to get the fair share of through the paperwork that my good friend Representative businesses contribution to the society. That's better tax policy. Moody just described. He does that, but he has to compete Unfortunately, that's not within our grasp this afternoon. The against others that bring logging equipment in here that don't pay personal property tax has its roots in 1066, William the business equipment tax. This bill is so much more than big Conqueror came to England, the first thing he did after he put the companies. Thank you, Mr. Speaker. bows and arrows away was send out his sheriffs with the The SPEAKER: The Chair recognizes the Representative doomsday book, taking stock and inventory of everything, every from Sanford, Representative Bowles. inhabitant of the island of Great Britain, England then, owned, in Representative BOWLES: Thank you Mr. Speaker. Mr. order to place a tax on it. It was still that system when we were Speaker, Ladies and Gentlemen of the House. My primary part of Massachusetts colony; it was still a tax on wealth, rather purpose for rising is to thank the many individuals who were than a tax on work. It eventually came to Maine unchanged and involved in what I hope is going to be shortly the successful resolution of a very difficult problem. Change is difficult and profound change is profoundly difficult and this is a profound change. People have a right to be concerned and worried. One of the really positive things that came from all the time, and it was a lot of time, that was expended on crafting, listening to concerns, trying to make changes, trying to affect compromise. One of the wonderful things that came of that is that I can stand here and tell you that today we have a better product, that's better with two Ts, we have a better BETR bill than we would have had. Some of the people who were most opposed originally and even unfortunately a couple of people remain opposed today, made significant contributions towards the improvement of this product and I thank them whether they support this or not because their input was valuable and it led to a better product, a better resolution and something which I hope the vast majority of you are going to be able to support. The good Representative from Bowdoinham, talked about the need for comprehensive tax reform and she's clearly not wrong. This State needs comprehensive tax reform, I know that that was the goal of the Tax Committee; I know that is still their goal. I had this conversation with the good Chair from Yarmouth, Representative Woodbury not 15 or 20 minutes ago, the need for comprehensive tax reform and I hope that that can be accomplished. This bill was not the vehicle to do that, this bill was specific in its intent, but that should remain a clear goal for all of us. I'd like to thank the Representative from Monmouth, Representative Smith for calling our attention to a very valid point in the tax laws, it probably should be considered. I would dispute the assertion that had there been more time given to this bill that point would have every been addressed, I don't think it would have ever come up, frankly because it's a little bit different from this, but none the less it's a legitimate issue and I hope the Tax Committee does take a look at it. I would just offer to the good Representative from Van Buren, Representative Smith that in addition to the business personal property tax, businesses pay real estate property tax, they pay sales and use tax, they pay corporate income tax, and a whole host of local fees. I think it would be wrong to suggest that they are not going to continue to be huge contributors to the local tax base and continue to be

H-184 LEGISLATIVE RECORD - HOUSE, April 28, 2006 as a tax, as you well know on real estate property, our homes, Smith N, Stedman, Sykes, Tardy, Thomas, Thompson, Trahan, our businesses, our commercial buildings and almost by happen Tuttle, Valentino, Vaughan, Watson, Webster, Wheeler, stance our business equipment. It's a bad idea, but there's no Woodbury, Mr. Speaker. way that we can do away with the personal property tax on NAY - Adams, Ash, Blanchette, Bryant, Burns, Campbell, business equipment in one session. So instead, in 1995, the Canavan, Eder, Finch, Fletcher, Hutton, Jackson, Lundeen, legislature determined the best thing to do would be simply pay Marean, Norton, Patrick, Pinkham, Richardson E, Smith W, the businesses back for what they pay in tax and thereby give Twomey, Walcott. them some incentive to invest. They chose a period of 12 years, ABSENT - Berube, Brown R, Greeley, Grose, Jennings, those 12 years starts surprisingly next year. That property starts Kaelin, Lerman, Makas, Moore G, Ott, Pineau, Robinson, coming out of BETR, presumably without the action we are taking Simpson. today would go back on the tax rolls. Now let me correct one Yes, 117; No, 21; Absent, 13; Excused, 0. thing that my distinguished friend the Representative from Van 117 having voted in the affirmative and 21 voted in the Buren, Representative Smith, said. He pointed out that the negative, with 13 being absent, and accordingly the Majority incentives are gone, well this bill replaces them, they are there. Ought to Pass as Amended Report was ACCEPTED. A new business installing new business equipment after April of The Bill was READ ONCE. Committee Amendment "A" (H- ‘07, when this bill takes effect, that property is exempt from 1078) was READ by the Clerk and ADOPTED. taxation. That's the incentive, it is exempt from taxation. Instead Under suspension of the rules, the Bill was given its SECOND of the State having to pay the business back the taxes as paid, READING WITHOUT REFERENCE to the Committee on Bills in we simply exempted that property. So there is an incentive a the Second Reading. significant incentive for new investment going forward, for Under further suspension of the rules, the Bill was PASSED replacement of old worn out machines and new investment TO BE ENGROSSED as Amended by Committee Amendment presumably new jobs and business prosperity. I encourage you "A" (H-1078) and sent for concurrence. ORDERED SENT to support this bill and that's very difficult for me to say because I FORTHWITH. was one of the first and earliest critics of it. I have worked with ______Representative Bowles, the Speaker and others to try and fashion this better to make it fairer to places like the city I come UNFINISHED BUSINESS from and represent the City of Bath whose budget runs between The following matters, in the consideration of which the 20 and 26% depending on personal property tax and on top of House was engaged at the time of adjournment yesterday, had this is also a service center. The City of Bath, as all other cities preference in the Orders of the Day and continued with such in the State, is being treated as fairly as possible by this bill. The preference until disposed of as provided by House Rule 502. important thing to do would be to abolish the tax entirely, that's HOUSE DIVIDED REPORT - Majority (6) Ought to Pass as not within our means right now, that is the significant sweeping Amended by Committee Amendment "C" (H-1014) - Minority tax reform that Representative Hutton calls for, we all call for, but (5) Ought to Pass as Amended by Committee Amendment at this case that's simply can not happen. Instead we have a "D" (H-1015) - Committee on TAXATION on RESOLUTION, better bill which is the best it can be, it's a good product of Proposing an Amendment to the Constitution of Maine To Limit compromise, of communication, of consensus and I fully support the Rate of Change in Taxable Value of Homestead Land it and I encourage you to do so. Thank you, Mr. Speaker. (H.P. 7) (L.D. 2) The SPEAKER: The Chair recognizes the TABLED - April 14, 2006 (Till Later Today) by Representative Representative from Biddeford, Representative Twomey. WOODBURY of Yarmouth. Representative TWOMEY: Mr. Speaker, may I pose a PENDING - Motion of same Representative to ACCEPT the question through the Chair? Majority OUGHT TO PASS AS AMENDED Report. The SPEAKER: The Representative may pose her question. The SPEAKER: The Chair recognizes the Representative Representative TWOMEY: Thank you Mr. Speaker. Mr. from Yarmouth, Representative Woodbury. Speaker, Ladies and Gentlemen of the House. For anyone Representative WOODBURY: Thank you Mr. Speaker. Mr. who'd like to answer. I'd like to know if those businesses do they Speaker, Women and Men of the House. The two biggest get something back on their Federal Income Tax? Can they write that equipment off on their Federal Income Tax? The SPEAKER: The Representative from Biddeford, Representative Twomey has posed a question through the Chair to anyone who may care to respond. The Chair recognizes the Representative from Yarmouth, Representative Woodbury. Representative WOODBURY: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I believe for income tax purposes business, machinery is depreciated over time, and that depreciation is considered an expense that is written off on their business income tax return. The SPEAKER: The Chair recognizes the Representative from Topsham, Representative Crosby. Representative CROSBY: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Just a short footnote to kind of give a little bit more credence to what Representative Watson from Bath was saying. That city is living under a 1% cap in their municipal government, so what he's saying when he is able to support this better bill today is very significant. If he can support it a lot of us sure can. Thank you. The SPEAKER: A roll call has been ordered. The pending question before the House is acceptance of the Majority Ought to Pass as Amended Report. All those in favor will vote yes, those opposed will vote no. ROLL CALL NO. 547 YEA - Annis, Austin, Babbidge, Barstow, Beaudette, Bierman, Bishop, Blanchard, Bliss, Bowen, Bowles, Brannigan, Brautigam, Browne W, Bryant-Deschenes, Cain, Carr, Cebra, Churchill, Clark, Clough, Collins, Craven, Cressey, Crosby, Crosthwaite, Cummings, Curley, Curtis, Daigle, Davis G, Davis K, Driscoll, Duchesne, Dudley, Dugay, Dunn, Duplessie, Duprey, Eberle, Edgecomb, Emery, Faircloth, Farrington, Fischer, Fisher, Fitts, Flood, Gerzofsky, Glynn, Goldman, Hall, Hamper, Hanley B, Hanley S, Harlow, Hogan, Hotham, Jacobsen, Jodrey, Joy, Koffman, Lansley, Lewin, Lindell, Marley, Marraché, Mazurek, McCormick, McFadden, McKane, McKenney, McLeod, Merrill, Miller, Millett, Mills, Moody, Moulton, Muse, Nass, Nutting, O'Brien, Paradis, Percy, Perry, Pilon, Pingree, Piotti, Plummer, Rector, Richardson D, Richardson M, Richardson W, Rines, Rosen, Sampson, Saviello, Schatz, Seavey, Sherman, Shields,

H-185 LEGISLATIVE RECORD - HOUSE, April 28, 2006 concerns we hear about our taxes in Maine are first that our know, put every bit of statutory language into implementing the taxes are too high and second, that people are being forced out Constitutional Amendment when you propose and put it out of their homes by property taxes. This report would, for the first ballot. That argument from the good Representative just a time place some limit on property taxes for Maine residents, it moment ago was an excellent one and certainly will be brought takes a Constitutional Amendment to do this. The limit would be before the Committee and be discussed once this measure is 10% of income. For the large majority of Maine residents this successfully returned to us. Please remember now, we don't exorbitantly high tax cap would have little relevance. Most of us have much in the way of tax business to bring before you. We thankfully are not paying more than 10% of our income in have done a couple of attempts of tax breaks, tax relief for small property taxes, but for the most heavily burdened minority of businesses. We've talked about lobstermen, we've talked about Maine residents, largely seniors who are paying 12, 15 or 20% of other small business, and we've just got through talking about their income in property taxes or more a 10% of income tax cap BETR which is a huge tax break for business. This is our could be a home saver. While a 10% cap is unquestionably high opportunity to do something for the people who need it the most, it would at least place some kind of limit on the out-of-pocket the homeowners themselves. I encourage you to treat what we burden that Maine resident tax payers face. A 10% homestead can do in tax relief in this legislature fairly and balanced. We've tax cap is by no means a silver bullet for all of our property tax done what we can for businesses given the time constraints and problems in Maine, but it is rather another component of what we complexity of that and now it's time for us to rise and put out to should have in place. It would add to other important the voters an opportunity to bring true tax relief, measurable tax components of property tax reform such as containing relief, tax relief that will not cause conflicts among neighbors who government spending, regionalizing service delivery, decreasing might have bought their property after somebody else did, solely the local share of K-12 school funds cost, eliminating the property directed toward income. It's time we do that for them and I tax on business equipment, providing a larger homestead encourage you to support this. Thank you, Mr. Speaker. exemption for primary residences and providing targeted property The SPEAKER: The Chair recognizes the Representative tax refunds through the State's circuit breaker program. The from Scarborough, Representative Clough. question is whether in addition to these other measures we want Representative CLOUGH: Thank you Mr. Speaker. Mr. to establish some defined cap on the out-of-pocket burden of Speaker, Ladies and Gentlemen of the House. I would question property taxes for those whose burden in the highest of all. if this is properly before the body given this does not address the Specifically, do we as a State want to continue to impose question of the original bill, is this germane or not? property taxes greater than 10% of income on any Maine resident Representative CLOUGH of Scarborough asked the chair to tax payers? If you think there should be some limit to the burden RULE if the RESOLUTION was properly before the body. of property taxes I hope you will support this report. Thank you, The SPEAKER: The Chair rules that the Committee Mr. Speaker. Amendment is relevant, both for the fact that it is a Constitutional The SPEAKER: The Chair recognizes the Representative Amendment and also it is dealing both with changes to the from Scarborough, Representative Clough. taxation of homestead land by residents. They are not identical, Representative CLOUGH: Thank you Mr. Speaker. Mr. but they are relevant and similar to each other, enough so that Speaker, Ladies and Gentlemen of the House. I spoke on this the Chair has ruled that the matter is properly before us. before so I'll keep my remarks short. I will remind you that the Subsequently, the chair RULED that the RESOLUTION was original title of this bill was "RESOLUTION, Proposing an properly before the body. Amendment to the Constitution of Maine To Limit the Rate of The SPEAKER: The Chair recognizes the Representative Change in Taxable Value of Homestead Land" what is being from Phippsburg, Representative Percy. proposed as the Majority Report does not address this at all. If Representative PERCY: Thank you Mr. Speaker. Mr. you would defeat this present motion and move on to the Minority Speaker, Ladies and Gentlemen of the House. A little bit of Report we will address the issue before us which is and history, in the 121st Legislature that's where this idea originally amendment to the Constitution of Maine to limit the rate of came. It came from an enormous effort made by the rural caucus change in taxable value of homestead land. Mr. Speaker, when and the coastal caucus and a group of very enthusiastic the vote is taken I would request a roll call. Representative CLOUGH of Scarborough REQUESTED a roll call on the motion to ACCEPT the Majority Ought to Pass as Amended Report. More than one-fifth of the members present expressed a desire for a roll call which was ordered. The SPEAKER: The Chair recognizes the Representative from Arundel, Representative Daigle. Representative DAIGLE: Mr. Speaker, may I pose a question through the Chair? The SPEAKER: The Representative may pose his question. Representative DAIGLE: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. One of the concerns I have with the proposal such as this is the opportunity that there seems to be to circumvent the intent, predominantly that the owner of record doesn't necessarily have to be the resident or the owner in practical terms. My father can let me come into his house, live in his house, stay in his house, his taxes would be what his income was, but I'm getting away with an inappropriate advantage. How are you proposing to stop that very obvious way in which people circumvent this and distort the purpose? Thank you. The SPEAKER: The Representative from Arundel, Representative Daigle has posed a question through the Chair to anyone who may care to respond. The Chair recognizes the Representative from Bath, Representative Watson. Representative WATSON: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I'd like to propose an answer, I just don't want to usurp my colleague, Representative and Doctor, Woodbury who probably has a better answer. But remember, this is a Constitutional Amendment, just like we dealt with working waterfront; this is a Constitutional Amendment, when it passed and was ratified by the voters it comes back here for statutorily language to fill out for implementation. The first thing that occurred to me when I saw this 10% on an income cap was, this should be means tested, it shouldn't have to apply to a resident who can afford to pay 10%. That is perfectly possible, that is the subject, that is one of the subjects that will be touched when the statutory language, the implementation scheme of this is devised once it comes back to the 123rd Legislature. You can not as you know, as you well

H-186 LEGISLATIVE RECORD - HOUSE, April 28, 2006 hardworking freshman worked with many wonderful old timers Dudley, Dugay, Dunn, Duplessie, Eberle, Eder, Faircloth, with this issue of what do we do to help people be able to stay in Farrington, Finch, Fischer, Fisher, Gerzofsky, Goldman, homes, their primary residences. It was an incredibly emotional Hanley S, Harlow, Hogan, Hutton, Jackson, Joy, Koffman, end of the session as this is turning out to be and we had Lerman, Marley, Marraché, Miller, Mills, Moody, Norton, O'Brien, incredibly support, Representative Carr worked with Paradis, Patrick, Percy, Perry, Pilon, Pingree, Piotti, Rines, Representative Bowen, worked with Representative Watson, with Saviello, Schatz, Smith N, Thompson, Tuttle, Valentino, Walcott, Representative Woodbury, with Senator Damon, with Senator Watson, Webster, Wheeler, Woodbury, Mr. Speaker. Peter Mills, with Representative Henry Joy and we all worked and NAY - Annis, Austin, Bierman, Bishop, Bowen, Bowles, worked on this idea, how can we help people who are being Browne W, Bryant-Deschenes, Campbell, Carr, Cebra, Churchill, really challenged with high property taxes, not because of where Clough, Collins, Cressey, Crosthwaite, Curley, Curtis, Daigle, they chose to live, but because of what's happening right now to Davis G, Davis K, Duprey, Edgecomb, Emery, Fitts, Fletcher, land that has anything, that is anywhere near a beautiful view or Flood, Glynn, Hall, Hamper, Hanley B, Hotham, Jacobsen, water, whether it be a lake, a swamp, a vernal pool, a river, the Jodrey, Lansley, Lewin, Lindell, Lundeen, Marean, Mazurek, ocean, the Kennebec River. So that is where this original idea McCormick, McFadden, McKane, McKenney, McLeod, Merrill, came from. The marvelous thing was when we finished the 121st Millett, Moulton, Muse, Nass, Nutting, Pinkham, Plummer, Legislature Representative Henry Joy came up to me and I was Rector, Richardson D, Richardson E, Richardson M, crushed because we didn't get anywhere with LD 2 and he said, Richardson W, Rosen, Sampson, Seavey, Sherman, Shields, don't give up Leila, don't give up, it is a good idea, you've got to Smith W, Stedman, Sykes, Tardy, Thomas, Trahan, Twomey, keep working on it. Little did we know that the Chief Executive Vaughan. would come back to us in the 122nd and say, we can do ABSENT - Berube, Blanchette, Brown R, Greeley, Grose, something with LD 2. It may not be in the original flavor, but the Jennings, Kaelin, Makas, Moore G, Ott, Pineau, Robinson, original concept is there, how are we going to help people who Simpson. every week are having new residences going up, millionaires Yes, 67; No, 71; Absent, 13; Excused, 0. building next to them and we can't help them with their property 67 having voted in the affirmative and 71 voted in the taxes. So here is a way to do it and the Taxation Committee, negative, with 13 being absent, and accordingly the Majority thank you, thank you, thank you. You came up with something Ought to Pass as Amended Report was NOT ACCEPTED. that we can offer these people, it's a Constitutional Amendment, ______and it requires 2/3rds. We just worked very hard in support of the Taxation's Committee on helping the businesses, now please Under suspension of the rules, members were allowed to help us with that group of people who are in danger of losing their remove their jackets. homes because of these crazy property taxes. This is your ______chance, send it back to the Taxation Committee in the 123rd and let’s see how they craft it because look at what they did with Representative WOODBURY of Yarmouth REQUESTED a BETR, look at what they did with the working waterfront. They roll call on the motion to ACCEPT the Minority Ought to Pass as can do it, so please, I ask you with all my heart and for all the Amended Report. people in the State of Maine who are terrified because of rising The SPEAKER: The Chair recognizes the Representative valuation, please support this motion. Thank you. from Yarmouth, Representative Woodbury. The SPEAKER: The Chair recognizes the Representative Representative WOODBURY: Thank you Mr. Speaker. Mr. from Kennebunkport, Representative Seavey. Speaker, Ladies and Gentlemen of the House. This other Representative SEAVEY: Thank you Mr. Speaker. Mr. version of the bill would limit the growth of the valuation used for Speaker, Men and Women of the House. I urge you to vote no property tax purposes on primary residences. It's an extremely on the pending motion. We had comments during the Taxation appealing concept, the Committee spent a great deal of time Committee that this proposal is both unworkable and intrusive. considering this concept. Here are some of issues that it raises We had those comments from the Maine Municipal Association that made many members of the Committee concerned. One is and the Bureau of Revenue Services. We already tie the property system with the income tax system through the Circuit Breaker Program, but I think the manner in which this amendment ties the two tax systems together is really unworkable. As argued by the two people that would administer the program, our local assessors and Maine Revenue Services. I think this is an expansion of Big Brother at its worst when we now would have to provide a copy of our income tax to the local tax assessors. This is the Chief Executive's original companion bill to LD 1 which we have had in our Committee since December of 2004. The proposal before you now does nothing to address, which I believe is one of the problems with property taxes and that's the general problem of assessing. During our Committee deliberations the State Planning Office put through an excellent compromise to address the assessing problems which is more in line with the Chief Executive's original intent. Ironically the State Planning Office compromise is Report B which is supported by all of the Republicans. I urge you to vote no on this amendment so we may get to the other report and get to addressing the real problems of property tax which is the assessing issues. The SPEAKER: The Chair recognizes the Representative from Bath, Representative Watson. Representative WATSON: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Thank you for the opportunity to speak a second time. The comments just made go to how this is to be implemented, how it's to work. We're not talking about having to bring an income tax form to the assessor that is statutory implementation and that's the task of the Taxation Committee in the 123rd, it is not something that we've got to concern ourselves with and it's certainly not something that you should base your decision today on; this one opportunity to bring real tax relief to the people who need it the most in the State of Maine. Thank you, Mr. Speaker. The SPEAKER: A roll call has been ordered. The pending question before the House is acceptance of the Majority Ought to Pass as Amended Report. All those in favor will vote yes, those opposed will vote no. ROLL CALL NO. 548 YEA - Adams, Ash, Babbidge, Barstow, Beaudette, Blanchard, Bliss, Brannigan, Brautigam, Bryant, Burns, Cain, Canavan, Clark, Craven, Crosby, Cummings, Driscoll, Duchesne,

H-187 LEGISLATIVE RECORD - HOUSE, April 28, 2006 that this imposes a tax shift between long term residence and More than one-fifth of the members present expressed a new home buyers, new home buyers would need to pay more in desire for a roll call which was ordered. property taxes to make up for the tax benefit that is given to The SPEAKER: A roll call has been ordered. The pending longer term owners. We wanted to make a tax shift toward new question before the House is acceptance of the Minority Ought to home buyers and toward business owners. Second this type of Pass as Amended Report. All those in favor will vote yes, those program can lead to two identical properties with the same opposed will vote no. underlying market value that have dramatically different tax bills, ROLL CALL NO. 549 there are questions of fairness associated with that. Third, if YEA - Austin, Bishop, Bowles, Bryant-Deschenes, Campbell, somebody is subject to a controlled valuation over time, they may Carr, Cebra, Churchill, Clough, Collins, Cressey, Crosthwaite, be reluctant to downsize their home, because downsizing their Curley, Davis G, Davis K, Edgecomb, Fischer, Fletcher, Flood, home; their property tax bill would go up. Fourth, Mr. Speaker, Glynn, Hamper, Hanley B, Hotham, Jacobsen, Jodrey, Lansley, this is a tax reduction precisely for people who have had the Lewin, Lindell, Mazurek, McCormick, McKane, McKenney, greatest increase in the housing wealth associated with their McLeod, Merrill, Nass, Nutting, Plummer, Rector, Richardson M, property. Now I know there are lots of appealing reasons to Rosen, Seavey, Smith N, Stedman, Trahan, Tuttle. move ahead with a limit on property tax valuation growth, but NAY - Adams, Annis, Ash, Babbidge, Barstow, Beaudette, these complications gave many members of the Committee Bierman, Blanchard, Bliss, Bowen, Brannigan, Brautigam, pause in thinking that we should move ahead with this particular Browne W, Bryant, Burns, Cain, Canavan, Clark, Craven, measure. So I would recommend voting against this Minority Crosby, Cummings, Curtis, Daigle, Driscoll, Duchesne, Dudley, Ought to Pass as Amended Report. Dugay, Dunn, Duplessie, Duprey, Eberle, Eder, Emery, Faircloth, The SPEAKER: The Chair recognizes the Representative Farrington, Finch, Fitts, Gerzofsky, Goldman, Hall, Hanley S, from Scarborough, Representative Clough. Harlow, Hogan, Hutton, Jackson, Jennings, Joy, Koffman, Representative CLOUGH: Thank you Mr. Speaker. Mr. Lerman, Lundeen, Makas, Marean, Marley, Marraché, Miller, Speaker, Ladies and Gentlemen of the House. This amendment Millett, Mills, Moody, Moulton, Muse, Norton, O'Brien, Paradis, is in keeping with the true meaning of LD 2. My good friend from Patrick, Percy, Perry, Pingree, Pinkham, Piotti, Richardson D, Yarmouth Representative Woodbury is correct; this amendment Richardson E, Richardson W, Rines, Sampson, Saviello, Schatz, proposes to amend the Constitution of Maine to cap the Sherman, Shields, Smith W, Sykes, Tardy, Thomas, Thompson, homestead land valuation at the current just value maintained by Twomey, Valentino, Vaughan, Watson, Webster, Wheeler, Maine courts to be the market value for the property. It permits Woodbury, Mr. Speaker. municipalities to further cap the just value of other homestead ABSENT - Berube, Blanchette, Brown R, Fisher, Greeley, real property, such as the house on the homestead land. That Grose, Kaelin, McFadden, Moore G, Ott, Pilon, Pineau, doesn't require that, it permits it. It permits increases in the cap Robinson, Simpson, Walcott. valuation only to capture improvements or degradations to the Yes, 45; No, 91; Absent, 15; Excused, 0. property of inflation which ever changes in valuation is lower. 45 having voted in the affirmative and 91 voted in the Upon changing ownership or to the homestead use the property negative, with 15 being absent, and accordingly the Minority must be reassessed at current just value and a penalty must be Ought to Pass as Amended Report was NOT ACCEPTED assessed equal to the property tax that would have been On motion of Representative WOODBURY of Yarmouth the imposed over the proceeding 5 years minus property taxes paid RESOLUTION and all accompanying papers were over that period, plus interest. So this provides a recapture when INDEFINITELY POSTPONED and sent for concurrence. property moves out of this category which will be an offset to any ______tax shift that might have occurred on a piece of property that was in it. So this is, I think the direction that we had intended to go in with LD 2 and I hope you will support this version today. Thank you. The SPEAKER: The Chair recognizes the Representative from Auburn, Representative Shields. Representative SHIELDS: Mr. Speaker, may I pose a question through the Chair? The SPEAKER: The Representative may pose his question. Representative SHIELDS: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. For anyone who wishes to answer it. A man is living in a house that has taxes on $100,000 valuation, things have gone up and I buy the house from him for $200,000 and I have to pay a penalty of 5 years difference when I buy that house, plus paying the increased taxes on the $200,000, is that correct? The SPEAKER: The Representative from Auburn, Representative Shields has posed a question through the Chair to anyone who may care to respond. The Chair recognizes the Representative from Auburn, Representative Clough. Representative CLOUGH: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I would answer the good Representative from Auburn, Representative Shields that he could elect to do that if he so chose, I guess, but it would be the requirement that the seller who is making the change would pay the penalty. The SPEAKER: The Chair recognizes the Representative from Arundel, Representative Daigle. Representative DAIGLE: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Just to be an equal opportunity malcontent; I also urge you to oppose the pending motion. In addition to all the reasons mentioned by the Representative from Yarmouth, Representative Woodbury I have the scenario of going to a town meeting in sometime in the future and having all these wonderful ideas brought up before the town meeting that would require money and all of us old timers who have been around for a long time say, well what the heck go ahead because my taxes will barely, barely climb up, but that new couple that dares move in town, but heaven forbid that daughter of mine if she ever hopes to buy and afford to live in a house near my neighborhood would just be priced out of the market. When the consequences of bad judgment and approving spending is falling evenly on all of us it perhaps would give great pause to that and I don't think that will be the case when I'm paying less taxes than my neighbor simply because I've been there longer.

respond to some paid poll taker who then takes those static's and HOUSE DIVIDED REPORT - Majority (6) Ought to Pass as creates them and comes back and gives you an opinion. This is Amended by Committee Amendment "A" (H-812) - Minority (5) a 100% certified accurate answer to the question, do the people Ought Not to Pass - Committee on TAXATION on Bill "An Act of Maine favor broadening the sales tax by eliminating certain To Enact the Tax Fairness Act" sales tax exemptions. The question is made purposely general (H.P. 359) (L.D. 484) because as you know there are at lease 122 current exemptions TABLED - March 9, 2006 (Till Later Today) by Representative to our sales tax, each one of which has two or three gray suits WOODBURY of Yarmouth. out in that lobby prepared to defend it, so we're not at that point PENDING - Motion of same Representative to ACCEPT the yet, that's not what we are fighting, which sales exemption to look Majority OUGHT TO PASS AS AMENDED Report. at. We're only asking the people, is this the way to go, do we The SPEAKER: The Chair recognizes the Representative want to broaden the sales tax base, decrease the load on from Yarmouth, Representative Woodbury. everyone and then focus on income tax relief. Income tax relief Representative WOODBURY: Thank you Mr. Speaker. Mr. -my good friend from Yarmouth, Representative Woodbury Speaker, Women and Men of the House. Many of us believe that pointed out that the rate is high - the rate is 8.5%. It's one of the a rebalancing of our tax code is needed, yet it has proved highest in the nation and what's worse it only takes $16,500 to extremely difficult, near impossible to accomplish when you get get to that rate. Our income tax system, like our sales tax system into the details of what tax reform may mean. When we talk is antiquated, but in order to lower that top rate by a quarter of a about income tax reform the biggest issues in my mind are our percent, from 8.5% to 8.25% it costs $40 million and that, ladies heavy reliance on income taxes first, our high rate and the and gentlemen is where the term revenue neutral comes from. modest income at which this high rate applies. When we talk This is not any kind of trick, saying we're going to raise a bunch about sales tax reform the biggest issue in my mind is volatility. of taxes and then rush off and spend them. We're going to try Sales tax revenues in Maine are heavily dependant on and raise $40 million by eliminating a couple of sales tax construction materials and sales of new automobiles, both of exemptions that were enacted, 30, 40, 50 years ago and are which are highly cyclical industries. The result is that sales tax currently not valid in order to raise the money it takes to lower revenues in Maine are highly volatile. The is a natural paring, I income tax. That's the plan, however, and we've had that plan believe, in broadening the base of our sales tax thereby and that's been the result of virtually, in conclusion of virtually decreasing volatility and using the addition revenues to reduce every study on this matter for the last 30 years. I've read a dozen income and property taxes creating a more balanced tax system of them including the last one which is done by the former overall. It's the right thing to do, I believe, yet is has proved so Speaker Saxl and his group. We lack the political courage to get extremely difficult for us to accomplish. It is my hope that this started to do it, we know it has to be done, we know this is a referendum would give added legitimacy and strength to the next good way to do it; we lack the courage to do it. All we're asking legislature to accomplish a true rebalancing of our tax system. here is the people of Maine, give the 123rd that mandate. If it That's why I recommend your support of this Ought to Pass turns out in the Committee process that that is impossible, that it motion. Thank you, Mr. Speaker. is not a good way to accomplish tax reform, fine, then let the The SPEAKER: The Chair recognizes the Representative 123rd look somewhere else. My experience in the 121st and my from Scarborough, Representative Clough. experience in the 122nd, shared by everybody in this room is that Representative CLOUGH: Thank you Mr. Speaker. Mr. we can approach tax reform, but we can't go there because we Speaker, Ladies and Gentlemen of the House. I gave testimony don't have a mandate. We're listening to public opinion being on this; I guess it looks like it was March 9th, so I'm sure you've cipher for us, synthesized, and filtered for us by the people who probably forgotten most of it by now. I'm not going to do it all make their living in the lobby of this building. This is an over again, but I'm going to hit some of the highlights. The opportunity to bypass them and go straight to the people who question in this bill says, "do you favor elimination of certain sales matter, the people who actually pay those taxes and let them tax exemptions in order to provide income tax relief and property express their opinion on this one method of tax reform. It cost us tax relief in a revenue neutral manner?" That's all there is to this nothing, it obligates us nothing, but it does give us, it give the bill, it was a concept draft, it was just one paragraph that wants to put this question out. Not a clue to what sales tax exemptions are being considered, how much income tax or property tax would be reduced or which tax payers would be affected and just what does revenue neutral mean, revenue neutral to who, we've struggled with that here for the last couple of sessions. Revenue neutral seems to be, raise as much money as you can and spend it all. That makes it neutral. You know, it sounds good, but I don't think this is a responsible way to approach tax reform. My suggestion would be that we don't need to put out a question that has obvious appeal, people would say yes, not knowing what to expect and not knowing what they could get and you not knowing what they really wanted. I think we can do tax reform better than that. I would suggest that in the 123rd, when you comeback and you meet in the Tax Committee, that you develop a mission statement, decide what you think the new policy should accomplish and then develop a road map to get their. I'm totally opposed to approaching tax reform this way, I hope you will join me in opposing this proposal and this motion. Mr. Speaker, I would request a roll call. Representative CLOUGH of Scarborough REQUESTED a roll call on the motion to ACCEPT the Majority Ought to Pass as Amended Report. More than one-fifth of the members present expressed a desire for a roll call which was ordered. The SPEAKER: The Chair recognizes the Representative from Bath, Representative Watson. Representative WATSON: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. Anyone who doesn't think that the Revisor's Office has a sense of humor should look at the original title of this bill, "An Act To Enact the Tax Fairness Act," it sounds like the first line of a naughty limerick to me. The subject, however, is very serious, but in response to my good friend Representative Clough’s remarks, remember, we are not debating here today whether or not to take the right road to tax reform is by broadening the sales tax base to provided revenue to cover income tax and property tax relief that is a debate for the 123rd. All we're doing here today is debating whether or not we ought to put that question out for an advisory referendum poll, if you will. Although this poll is not one that's based on telephone calls to 500 likely voters who happen to answer the phone and

123rd at least, an idea what may or may not work in the minds of Lerman, Makas, Marley, Marraché, Mazurek, Miller, Mills, Norton, the people who actually pay the taxes. I can not understand any O'Brien, Paradis, Patrick, Percy, Perry, Pilon, Pingree, Piotti, argument against asking the question that is all we were doing is Rines, Sampson, Schatz, Smith N, Smith W, Thompson, Tuttle, asking the question. If the response comes back, no, fine. The Valentino, Watson, Webster, Wheeler, Woodbury, Mr. Speaker. 123rd can find some other way to tackle this or like us can avoid NAY - Annis, Austin, Bierman, Bishop, Bowen, Bowles, it. If it comes back, yes, then the 123rd has just a little bit of Browne W, Bryant-Deschenes, Campbell, Carr, Cebra, Churchill, backing in order to stand down the pressures they will feel as Clough, Collins, Cressey, Crosthwaite, Curley, Curtis, Daigle, soon as they start looking at that list of antiquated, antique tax Davis G, Davis K, Dugay, Duprey, Edgecomb, Emery, Fischer, exemptions many of which are decades old and no longer have Fitts, Fletcher, Flood, Glynn, Hall, Hamper, Hanley B, Hotham, any applicability in this economy. Just like our income tax Jacobsen, Jodrey, Joy, Lansley, Lewin, Lindell, Lundeen, structure does, just like our property tax structure does, but Marean, McCormick, McFadden, McKane, McKenney, McLeod, instead we ignore that problem, we salami slice, we salami sliced Merrill, Millett, Moulton, Muse, Nass, Nutting, Pinkham, Plummer, today when we did BETR, we salami slice every time we Rector, Richardson D, Richardson E, Richardson M, approach this reform this session. All we do is give a little relief Richardson W, Rosen, Saviello, Seavey, Sherman, Shields, to get somebody off our backs, that's dishonesty, that's improper, Stedman, Sykes, Tardy, Thomas, Trahan, Twomey, Vaughan. that's not our job. Our job is tax reform and we need the support ABSENT - Berube, Brown R, Greeley, Grose, Kaelin, Moody, the people of Maine in order to accomplish that. I think asking a Moore G, Ott, Pineau, Robinson, Simpson, Walcott. simple question is a good idea and one that the answer to which, Yes, 67; No, 72; Absent, 12; Excused, 0. I think, will be of great interest to the 123rd and to the people of 67 having voted in the affirmative and 72 voted in the Maine. Thank you, Mr. Speaker. negative, with 12 being absent, and accordingly the Majority The SPEAKER: The Chair recognizes the Representative Ought to Pass as Amended Report was NOT ACCEPTED. from Scarborough, Representative Clough. Subsequently, the Minority Ought Not to Pass Report was Representative CLOUGH: Thank you Mr. Speaker. Mr. ACCEPTED and sent for concurrence. Speaker, Ladies and Gentlemen of the House. I obviously ______disagree with my good friend from Bath, Representative Watson and I disagree for this reason. If we lack political courage then I By unanimous consent, all matters having been acted upon don't know what changes just because we have a meaningless were ORDERED SENT FORTHWITH. question on the ballot that people we know the answer they will ______give us because nobody is going to say no because they have been telling us for years that they want us to do tax reform. I The following items were taken up out of order by unanimous think what this questions is meant to do is to provide the answer consent: that says you must do it and now it's a mandate and we're REPORTS OF COMMITTEE mandated to do it and we've got to do something so we'll do Committee of Conference something, but we can do something already if we want to stop Report of the Committee of Conference on the disagreeing and think about it and plan it out and don't wait to the last days of action of the two branches of the Legislature on Bill "An Act To each session to start on it. I still repeat my appeal to you to vote Make Revisions to the Laws Governing Pesticide Control" against the pending motion. (H.P. 1330) (L.D. 1890) The SPEAKER: The Chair recognizes the Representative has had the same under consideration, and asks leave to report: from Biddeford, Representative Twomey. That the Senate RECEDE from its action whereby the Bill was Representative TWOMEY: Thank you Mr. Speaker. Mr. PASSED TO BE ENGROSSED AS AMENDED BY Speaker, Men and Women of the House. I, too, think that this is COMMITTEE AMENDMENT "C" (H-862). a distraction. I can't believe we don't know what our people want, That the Senate READ and ADOPT Committee of Conference we go to the doors, we hear them, and there's been referendum Amendment "A" (S-642) and PASS TO BE ENGROSSED AS after referendum saying we need tax reform. This is a smoke screen; this is smoke and mirrors saying well we've sent a referendum out to have to tell us what you want. They sent us here to do the job, we lack political courage to do it. Thank you. The SPEAKER: The Chair recognizes the Representative from Newcastle, Representative McKane. Representative MCKANE: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. The idea of asking the voters whether they want this kind of tax relief or tax reform or not is, I think, a good idea. I think this question is a bit misleading. It does not say we're going to broaden the sales tax, it says, do you favor the elimination of certain sales tax exemptions. It's like, maybe that one, there and maybe that one there. It doesn't say, do you favor broadening the sales tax to include such items as, services, home cleaning, hair cuts, movie tickets, plumbing, electrical, ski tickets, home repair, and on and on and on. It doesn't make that point and it's unclear and I think it's unfair in the way it's worded. I would vote against this for that reason. Thank you. The SPEAKER: The Chair recognizes the Representative from Skowhegan, Representative Richardson. Representative RICHARDSON: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I think one of the problems in trying to come up with a tax reform is because we don't have the courage to take on spending reform. Until you know what you're going to have to spend I don't know how you're going to reform your taxes so you can get it. So, I think the basic problem here is, lets figure out how we're going to reform spending and what we are going to do for that particular item before we try to do the tax reform and then I think you'll be able to come up with a correct plan. The SPEAKER: A roll call has been ordered. The pending question before the House is acceptance of the Majority Ought to Pass as Amended Report. All those in favor will vote yes, those opposed will vote no. ROLL CALL NO. 550 YEA - Adams, Ash, Babbidge, Barstow, Beaudette, Blanchard, Blanchette, Bliss, Brannigan, Brautigam, Bryant, Burns, Cain, Canavan, Clark, Craven, Crosby, Cummings, Driscoll, Duchesne, Dudley, Dunn, Duplessie, Eberle, Eder, Faircloth, Farrington, Finch, Fisher, Gerzofsky, Goldman, Hanley S, Harlow, Hogan, Hutton, Jackson, Jennings, Koffman,

AMENDED BY COMMITTEE OF CONFERENCE AMENDMENT L.D. 1911 An Act To Provide Funding for Tribal Economic "A" (S-642), in NON-CONCURRENCE. Development for the Penobscot Indian Nation That the House RECEDE and CONCUR. and Other Federally Recognized Tribes Signed: We have also notified the sponsor and cosponsors of the Senators: Committee's action. NUTTING of Androscoggin Sincerely, BRYANT of Oxford S/Sen. Margaret Rotundo RAYE of Washington Senate Chair S/Rep. Joseph C. Brannigan House Chair Representatives: READ and ORDERED PLACED ON FILE. PIOTTI of Unity ______TWOMEY of Biddeford FLOOD of Winthrop REPORTS OF COMMITTEE Divided Report Came from the Senate with the Committee of Conference Majority Report of the Committee on APPROPRIATIONS Report READ and ACCEPTED and the Bill PASSED TO BE AND FINANCIAL AFFAIRS reporting Ought to Pass as ENGROSSED AS AMENDED BY CONFERENCE COMMITTEE Amended by Committee Amendment "A" (H-1079) on Bill "An AMENDMENT "A" (S-642) in NON-CONCURRENCE. Act To Appropriate Matching Funds for the Construction of a The Committee of Conference Report was READ and Convention Center in Oxford Hills" (EMERGENCY) ACCEPTED. (H.P. 405) (L.D. 550) The House voted to RECEDE AND CONCUR. Signed: ______Senators: ROTUNDO of Androscoggin ENACTORS MARTIN of Aroostook Acts NASS of York An Act To Require the Commission on Governmental Ethics and Election Practices To Produce a Register of All Registered Representatives: Lobbyists BRANNIGAN of Portland (H.P. 1262) (L.D. 1822) DUDLEY of Portland (S. "D" S-622 to C. "A" H-822) CRAVEN of Lewiston An Act To Strengthen Maine's Craft Brewers FISCHER of Presque Isle (S.P. 792) (L.D. 2048) MILLS of Farmington (C. "A" S-588) MILLETT of Waterford An Act To Clarify the Sales Tax Exemption for Air Ambulance NUTTING of Oakland Services BOWEN of Rockport (S.P. 816) (L.D. 2085) CURLEY of Scarborough (C. "A" S-589) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, PASSED TO BE ENACTED, signed by the Minority Report of the same Committee reporting Ought Not Speaker and sent to the Senate. to Pass on same Bill. ______Signed: Representative: Resolves LERMAN of Augusta Resolve, Directing the Department of Public Safety To Study the Issues of Alcohol Regulation and To Review the Impact of READ. Out-of-state Sales and Direct Distribution to Maine Consumers On motion of Representative BRANNIGAN of Portland, the (H.P. 415) (L.D. 560) Majority Ought to Pass as Amended Report was ACCEPTED. (H. "C" H-1055 to C. "B" H-975) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, FINALLY PASSED, signed by the Speaker and sent to the Senate. ______

CONSENT CALENDAR First Day In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day: (S.P. 744) (L.D. 1946) Bill "An Act To Ensure the Continued Ability of the Maine Economic Growth Council To Produce the Measures of Growth Report" Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass There being no objections, the above item was ordered to appear on the Consent Calendar later in today's session under the listing of Second Day. ______

COMMUNICATIONS The Following Communication: (H.C. 452) STATE OF MAINE ONE HUNDRED AND TWENTY-SECOND LEGISLATURE COMMITTEE ON APPROPRIATIONS AND FINANCIAL AFFAIRS April 28, 2006 Honorable Beth Edmonds, President of the Senate Honorable John Richardson, Speaker of the House 122nd Maine Legislature State House Augusta, Maine 04333 Dear President Edmonds and Speaker Richardson: Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Appropriations and Financial Affairs has voted unanimously to report the following bill out "Ought Not to Pass":

Stedman, Sykes, Tardy, Thomas, Trahan, Tuttle, Valentino, The Bill was READ ONCE. Committee Amendment "A" (H- Vaughan, Webster, Wheeler, Woodbury, Mr. Speaker. 1079) was READ by the Clerk and ADOPTED. NAY - Ash, Blanchette, Bliss, Brautigam, Canavan, Dunn, Under suspension of the rules, the Bill was given its SECOND Eberle, Faircloth, Finch, Gerzofsky, Hogan, Hutton, Jackson, READING WITHOUT REFERENCE to the Committee on Bills in Lerman, Makas, Marley, Marraché, Miller, Percy, Rines, the Second Reading. Thompson, Twomey, Watson. Under further suspension of the rules, the Bill was PASSED ABSENT - Berube, Brown R, Dudley, Farrington, Greeley, TO BE ENGROSSED as Amended by Committee Amendment Grose, Hall, Kaelin, Moody, Moore G, Ott, Pineau, Robinson, "A" (H-1079). Simpson, Walcott. On motion of Representative SMITH of Van Buren, the House Yes, 113; No, 23; Absent, 15; Excused, 0. RECONSIDERED its action whereby the Bill was PASSED TO 113 having voted in the affirmative and 23 voted in the BE ENGROSSED as Amended by Committee Amendment negative, with 15 being absent, and accordingly the Bill was "A" (H-1079). PASSED TO BE ENGROSSED as Amended by Committee The SPEAKER: The Chair recognizes the Representative Amendment "A" (H-1079) and sent for concurrence. from Van Buren, Representative Smith. ORDERED SENT FORTHWITH. Representative SMITH: Mr. Speaker, may I pose a question ______through the Chair? The SPEAKER: The Representative may pose his question. COMMUNICATIONS Representative SMITH: Thank you Mr. Speaker. Mr. The Following Communication: (S.C. 665) Speaker, Ladies and Gentlemen of the House. I would just ask MAINE SENATE that somebody inform us exactly how much money is involved in 122ND LEGISLATURE this and I would also ask for a roll call. OFFICE OF THE SECRETARY The same Representative REQUESTED a roll call on April 28, 2006 PASSED TO BE ENGROSSED. Honorable Millicent MacFarland More than one-fifth of the members present expressed a Clerk of the House desire for a roll call which was ordered. State House Station 2 The SPEAKER: The Representative from Van Buren, Augusta, Maine 04333 Representative Smith has posed a question through the Chair to Dear Clerk MacFarland: anyone who may care to respond. The Chair recognizes the Please be advised that on April 28, 2006, Bill, "An Act To Protect Representative from Waterford, Representative Millett. Victims of Domestic Violence" (S.P. 739) (L.D. 1938) was placed Representative MILLETT: Thank you Mr. Speaker. Mr. in the Legislative File. Speaker, Ladies and Gentlemen of the House. The bill is my bill, Sincerely, it has an amendment as you perhaps have noted on your desks, S/Joy J. O’Brien H-1079. The bill would establish a matching fund of $50,000 for Secretary of the Senate support of the construction of an Oxford Hills Community Center READ and ORDERED PLACED ON FILE. which is a concept that is being discussed for the Oxford Hills ______Fairgrounds and the concept would require local match of an equal amount. ENACTORS The SPEAKER: The Chair recognizes the Representative Acts from Bowdoinham, Representative Hutton. An Act To Make Minor Technical Changes to Maine's Representative HUTTON: Mr. Speaker, may I pose a Spending Growth Benchmarks question through the Chair? (H.P. 1350) (L.D. 1909) The SPEAKER: The Representative may pose her question. (C. "A" H-1063) Representative HUTTON: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Fifty thousand dollars is all that it's going to cost, is that the entire fiscal note? The SPEAKER: The Representative from Bowdoinham, Representative Hutton has posed a question through the Chair to anyone who may care to respond. The Chair recognizes the Representative from Waterford, Representative Millett. Representative MILLETT: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. The actual concept involved here is estimated to cost about one quarter of a million dollars. The project is being designed by the students at the Oxford Hills Comprehensive High School who have done a computer assisted design project of a post and beam structure that would be constructed on land that is owned by the Oxford Hills Fairground Association. The intent is to utilize local material, local pledges to match the $50,000 and obliviously it would require about a five time match in order to get to the goal. The concept again is one that involves local students, there would be a considerable amount of labor offered through the Comprehensive High School and the amount of the fiscal note is as I said before $50,000. The SPEAKER: A roll call has been ordered. The pending question before the House is Passage to be Engrossed as Amended. All those in favor will vote yes, those opposed will vote no. ROLL CALL NO. 551 YEA - Adams, Annis, Austin, Babbidge, Barstow, Beaudette, Bierman, Bishop, Blanchard, Bowen, Bowles, Brannigan, Browne W, Bryant, Bryant-Deschenes, Burns, Cain, Campbell, Carr, Cebra, Churchill, Clark, Clough, Collins, Craven, Cressey, Crosby, Crosthwaite, Cummings, Curley, Curtis, Daigle, Davis G, Davis K, Driscoll, Duchesne, Dugay, Duplessie, Duprey, Eder, Edgecomb, Emery, Fischer, Fisher, Fitts, Fletcher, Flood, Glynn, Goldman, Hamper, Hanley B, Hanley S, Harlow, Hotham, Jacobsen, Jennings, Jodrey, Joy, Koffman, Lansley, Lewin, Lindell, Lundeen, Marean, Mazurek, McCormick, McFadden, McKane, McKenney, McLeod, Merrill, Millett, Mills, Moulton, Muse, Nass, Norton, Nutting, O'Brien, Paradis, Patrick, Perry, Pilon, Pingree, Pinkham, Piotti, Plummer, Rector, Richardson D, Richardson E, Richardson M, Richardson W, Rosen, Sampson, Saviello, Schatz, Seavey, Sherman, Shields, Smith N, Smith W,

The House was called to order by the Speaker. An Act To Save the Marine Technology Center and ______Strengthen Maine's Boatbuilding Workforce (S.P. 746) (L.D. 1948) The following items were taken up out of order by unanimous (C. "A" S-637) consent: An Act To Recapitalize the Maine Downtown Center SENATE PAPERS (H.P. 1370) (L.D. 1956) Non-Concurrent Matter An Act To Implement the Recommendations of the Joint Bill "An Act To Make Changes to the Laws Regarding Pine Standing Committee on Agriculture, Conservation and Forestry Tree Development Zones" Relating to the Seed Potato Board (H.P. 1483) (L.D. 2091) (H.P. 1472) (L.D. 2081) Majority (12) OUGHT TO PASS AS AMENDED Report of the An Act To Facilitate the Maine Quality Forum Committee on BUSINESS, RESEARCH AND ECONOMIC (H.P. 1490) (L.D. 2097) DEVELOPMENT READ and ACCEPTED and the Bill PASSED (C. "A" H-1077) TO BE ENGROSSED AS AMENDED BY COMMITTEE An Act To Implement the Recommendations of the Freedom AMENDMENT "A" (H-1026) in the House on April 14, 2006. of Access Advisory Committee Came from the Senate with the Minority (1) OUGHT NOT TO (H.P. 1503) (L.D. 2111) PASS Report of the Committee on BUSINESS, RESEARCH Reported by the Committee on Engrossed Bills as truly and AND ECONOMIC DEVELOPMENT READ and ACCEPTED in strictly engrossed, PASSED TO BE ENACTED, signed by the NON-CONCURRENCE. Speaker and sent to the Senate. On motion of Representative DRISCOLL of Westbrook, the ______House voted to RECEDE. The same Representative PRESENTED House Amendment SENATE PAPERS "A" (H-1065) to Committee Amendment "A" (H-1026), which Non-Concurrent Matter was READ by the Clerk and ADOPTED. Bill "An Act Concerning Multiple-item Bond Issues" Committee Amendment "A" (H-1026) as Amended by (H.P. 99) (L.D. 123) House Amendment "A" (H-1065) thereto was ADOPTED. Minority (6) OUGHT TO PASS AS AMENDED Report of the The Bill was PASSED TO BE ENGROSSED as Amended by Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS Committee Amendment "A" (H-1026) as Amended by House READ and ACCEPTED and the Bill PASSED TO BE Amendment "A" (H-1065) thereto in NON-CONCURRENCE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT and sent for concurrence. ORDERED SENT FORTHWITH. "A" (H-1064) in the House on April 28, 2006. ______Came from the Senate with the Majority (7) OUGHT NOT TO PASS Report of the Committee on APPROPRIATIONS AND ENACTORS FINANCIAL AFFAIRS READ and ACCEPTED in NON- Acts CONCURRENCE. An Act To Replace Municipal Revenues Subject to Business The House voted to ADHERE. Equipment Property Tax Exemption ______(H.P. 1452) (L.D. 2056) (C. "A" H-1078) By unanimous consent, all matters having been acted upon Was reported by the Committee on Engrossed Bills as truly were ORDERED SENT FORTHWITH. and strictly engrossed. ______On motion of Representative SIMPSON of Auburn, was SET ASIDE. CONSENT CALENDAR First Day In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day: (S.P. 93) (L.D. 273) Bill "An Act Regarding the So-called Katie Beckett Benefits in the MaineCare Program" Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-647) Under suspension of the rules, Second Day Consent Calendar notification was given. There being no objection, the Senate Paper was PASSED TO BE ENGROSSED as Amended in concurrence. ______

By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH. ______

SENATE PAPERS Non-Concurrent Matter Resolve, Directing the Cumberland County Commissioners To Establish a Task Force To Establish New County Commissioner Districts (H.P. 1236) (L.D. 1728) PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-840) AS AMENDED BY HOUSE AMENDMENT "A" (H-926) thereto in the House on March 31, 2006. Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-840) AS AMENDED BY SENATE AMENDMENT "A" (S-639) thereto in NON-CONCURRENCE. The House voted to RECEDE AND CONCUR. ORDERED SENT FORTHWITH. ______

The House recessed until 8:00 p.m. ______

(After Recess) ______

The SPEAKER: A roll call has been ordered. The pending The same Representative REQUESTED a roll call on question before the House is to Recede and Concur. All those in PASSAGE TO BE ENACTED. favor will vote yes, those opposed will vote no. More than one-fifth of the members present expressed a ROLL CALL NO. 553 desire for a roll call which was ordered. YEA - Adams, Annis, Ash, Austin, Babbidge, Barstow, The SPEAKER: A roll call has been ordered. The pending Beaudette, Bierman, Bishop, Blanchard, Blanchette, Bliss, question before the House is Passage to be Enacted. All those Bowen, Bowles, Brannigan, Brautigam, Brown R, Browne W, in favor will vote yes, those opposed will vote no. Bryant, Bryant-Deschenes, Burns, Cain, Campbell, Canavan, ROLL CALL NO. 552 Carr, Cebra, Churchill, Clark, Clough, Collins, Craven, Cressey, YEA - Adams, Annis, Austin, Babbidge, Barstow, Beaudette, Crosby, Crosthwaite, Cummings, Curley, Curtis, Daigle, Davis G, Bierman, Bishop, Blanchard, Bliss, Bowen, Bowles, Brannigan, Davis K, Driscoll, Duchesne, Dudley, Dugay, Dunn, Duplessie, Brautigam, Brown R, Browne W, Bryant-Deschenes, Cain, Carr, Duprey, Eberle, Edgecomb, Faircloth, Farrington, Finch, Fischer, Cebra, Churchill, Clark, Clough, Collins, Craven, Cressey, Fisher, Fitts, Fletcher, Flood, Gerzofsky, Glynn, Goldman, Hall, Crosby, Crosthwaite, Cummings, Curley, Curtis, Daigle, Davis G, Hamper, Hanley B, Hanley S, Harlow, Hogan, Hotham, Hutton, Davis K, Driscoll, Duchesne, Dudley, Dugay, Dunn, Duplessie, Jackson, Jacobsen, Jennings, Jodrey, Joy, Koffman, Lansley, Duprey, Eberle, Edgecomb, Faircloth, Farrington, Fischer, Fisher, Lerman, Lewin, Lindell, Lundeen, Makas, Marean, Marley, Fitts, Flood, Gerzofsky, Glynn, Goldman, Hall, Hamper, Marraché, Mazurek, McCormick, McFadden, McKane, Hanley B, Hanley S, Harlow, Hogan, Hotham, Jacobsen, McKenney, McLeod, Merrill, Miller, Millett, Mills, Moody, Moulton, Jennings, Jodrey, Joy, Koffman, Lansley, Lerman, Lewin, Lindell, Muse, Nass, Norton, Nutting, O'Brien, Paradis, Patrick, Percy, Makas, Marley, Marraché, Mazurek, McCormick, McFadden, Perry, Pilon, Pingree, Pinkham, Piotti, Plummer, Rector, McKane, McKenney, McLeod, Merrill, Miller, Millett, Mills, Moody, Richardson D, Richardson E, Richardson M, Richardson W, Moulton, Muse, Nass, Norton, Nutting, O'Brien, Paradis, Percy, Rines, Rosen, Sampson, Saviello, Schatz, Seavey, Sherman, Perry, Pilon, Pingree, Piotti, Plummer, Rector, Richardson D, Shields, Simpson, Smith N, Smith W, Stedman, Sykes, Tardy, Richardson M, Richardson W, Rines, Rosen, Sampson, Saviello, Thomas, Thompson, Trahan, Tuttle, Twomey, Valentino, Schatz, Seavey, Sherman, Shields, Simpson, Smith N, Stedman, Vaughan, Watson, Webster, Wheeler, Woodbury, Mr. Speaker. Sykes, Tardy, Thomas, Thompson, Trahan, Tuttle, Valentino, NAY - NONE. Vaughan, Watson, Webster, Wheeler, Woodbury, Mr. Speaker. ABSENT - Berube, Eder, Emery, Greeley, Grose, Kaelin, NAY - Ash, Blanchette, Bryant, Burns, Campbell, Canavan, Moore G, Ott, Pineau, Robinson, Walcott. Eder, Finch, Fletcher, Hutton, Jackson, Lundeen, Marean, Yes, 140; No, 0; Absent, 11; Excused, 0. Patrick, Pinkham, Richardson E, Smith W, Twomey. 140 having voted in the affirmative and 0 voted in the ABSENT - Berube, Emery, Greeley, Grose, Kaelin, Moore G, negative, with 11 being absent, and accordingly the House voted Ott, Pineau, Robinson, Walcott. to RECEDE AND CONCUR. Yes, 123; No, 18; Absent, 10; Excused, 0. ______123 having voted in the affirmative and 18 voted in the negative, with 10 being absent, and accordingly the Bill was PASSED TO BE ENACTED signed by the Speaker and sent to the Senate. ______

CONSENT CALENDAR Second Day In accordance with House Rule 519, the following item appeared on the Consent Calendar for the Second Day: (S.P. 744) (L.D. 1946) Bill "An Act To Ensure the Continued Ability of the Maine Economic Growth Council To Produce the Measures of Growth Report" No objections having been noted at the end of the Second Legislative Day, the Senate Paper was PASSED TO BE ENGROSSED in concurrence. ORDERED SENT FORTHWITH. ______

ENACTORS Acts An Act Regarding the Sentencing of Persons Convicted of Gross Sexual Assault against Victims under 12 Years of Age (H.P. 1224) (L.D. 1717) (C. "C" H-1058) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. ORDERED SENT FORTHWITH. ______

SENATE PAPERS Non-Concurrent Matter Bill "An Act To Enhance the Protection of Maine Families from Terrorism and Natural Disasters " (EMERGENCY) (S.P. 789) (L.D. 2044) PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-575) AS AMENDED BY HOUSE AMENDMENTS "C" (H-1035) AND "D" (H-1066) thereto in the House on April 28, 2006. Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-575) AS AMENDED BY HOUSE AMENDMENT "D" (H-1066) AND SENATE AMENDMENT "B" (S-651) thereto in NON- CONCURRENCE. Representative BLANCHETTE of Bangor moved that the House ADHERE. Subsequently, Representative FISCHER of Presque Isle moved that the House RECEDE AND CONCUR. Representative BLANCHETTE of Bangor REQUESTED a roll call on the motion to RECEDE AND CONCUR. More than one-fifth of the members present expressed a desire for a roll call which was ordered.

I am doing a handout to you, ladies and gentlemen, and I COMMUNICATIONS would like you to read that handout. The Following Communication: (S.C. 666) The SPEAKER: Would the Representative please defer. The MAINE SENATE Chair recognizes the Representative from Bangor, 122ND LEGISLATURE Representative Blanchette and inquires as to why she rises. OFFICE OF THE SECRETARY Representative BLANCHETTE: Thank you Mr. Speaker. I April 28, 2006 am inquiring as to the topic we are supposed to be discussing. It The Honorable Millicent M. MacFarland is the Indefinite Postponement, not a past history of incorrect Clerk of the House information. 2 State House Station On POINT OF ORDER, Representative BLANCHETTE of Augusta, ME 04333 Bangor asked the Chair if the remarks of Representative Dear Clerk MacFarland, TRAHAN of Waldoboro were germane to the pending question. Please be advised the Senate today adhered to its previous The SPEAKER: The motion before us is the motion to action whereby the Majority Ought Not To Pass Report from the Indefinitely Postpone. Therefore, what is germane to be Committee on Appropriations and Financial Affairs was accepted discussed and debated is the question of why or why not should in non-concurrence on Bill "An Act Concerning Multiple-item we not Indefinitely Postpone. Obviously some of the merits of Bond Issues" (H.P. 99 L.D. 123). that bill can then be discussed. The focus should then be on why Sincerely, or why not we should Indefinitely Postpone LD 1789. The S/Joy. J. O'Brien Representative may proceed. Secretary of the Senate The Chair reminded Representative TRAHAN of Waldoboro READ and ORDERED PLACED ON FILE. to stay as close as possible to the pending question. ______Representative TRAHAN: Thank you Mr. Speaker. That being said, ladies and gentlemen, it appears I can't debate this By unanimous consent, all matters having been acted upon bill. That gives you more reason to allow me to explain this were ORDERED SENT FORTHWITH. handout that I have in front of you and why I think it is important ______that we change the Record and we understand what happened. Whether you vote for the bill or not, I respect your vote. You can The House recessed until the Sound of the Bell. vote anyway you want, but please let me correct the Record. ______Defeat this motion so that I can get to that. Mr. Speaker, when the vote is taken, I request a roll call. (After Recess) Representative TRAHAN of Waldoboro REQUESTED a roll ______call on the motion to INDEFINITELY POSTPONE the Bill and all accompanying papers. The House was called to order by the Speaker. More than one-fifth of the members present expressed a ______desire for a roll call which was ordered. The SPEAKER: The Chair recognizes the Representative The following items were taken up out of order by unanimous from Lincoln, Representative Carr. consent: Representative CARR: Thank you Mr. Speaker. Mr. ENACTORS Speaker, Ladies and Gentlemen of the House. I do want to take Acts just a minute to talk a little bit about this bill. This bill was An Act To Amend the Crime of Aggravated Criminal Mischief sponsored by Senator Nutting in the other chamber, myself and (S.P. 706) (L.D. 1789) several other people. We had a good reason for doing that. I (C. "A" S-504) went into some detail last time that I will avoid to go into this time, Was reported by the Committee on Engrossed Bills as truly because I think most of us already know how we will vote on and strictly engrossed. these issues. This is a very important bill for many of us. Those On motion of Representative BLANCHETTE of Bangor, was SET ASIDE. The same Representative moved that the Bill and all accompanying papers be INDEFINITELY POSTPONED. The SPEAKER: The Chair recognizes the Representative from Bangor, Representative Blanchette. Representative BLANCHETTE: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I do have the right bill this time. It has been a long, long week. I do apologize on that bill previously before us. LD 1789 was a bill that was presented to Criminal Justice and its original title was environmental terrorism. We have gone through some debate and the committee voted Ought Not to Pass and it has gone down and had Senate Amendments tacked on it. They have changed the name of the bill. The law is already on the books that this LD, LD 1789, covers. It is one of those I want to do this for someone because it feels good and I can go home and say that I have taken home something. I am going to ask you to follow my light on this and to vote to Indefinitely Postpone this and all its accompanying papers because we have enough laws to sift through without duplications. I do thank you for your indulgence. Thank you Mr. Speaker. The SPEAKER: The Chair recognizes the Representative from Waldoboro, Representative Trahan. Representative TRAHAN: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I would like to ask the chamber to defeat this pending motion and vote this bill straight up and down. I have noticed a pattern of votes this session that I have really grown to respect the chamber for refusing to Indefinitely Postpone bills and giving us a straight up and down vote. With that being said, I would like to tell you a little bit about this bill and how it has changed since we have had our last debate. Occasionally, ladies and gentlemen, we can make a mistake and say some things on the floor that we don't mean to say, but it just ends up being misinformation and needs to be corrected. There was something that was said about this bill last time that the Criminal Law Advisory Commission had opposed this bill. That is not true. We made some calls and we found out that that wasn't accurate. I just wanted to correct the Record.

H-195 LEGISLATIVE RECORD - HOUSE, April 28, 2006 of us who live in certain areas are targeted more than those in causing substantial harm to the health, safety, business of a other areas. I do live in a mill town where some of the people paper company, picketing, perhaps, calling, financial condition, who are looking to cause destruction to equipment and in some reputation, personal relationships of the person with the property cases harm to the people who operate the equipment have come industry or any other person. What do we have here? We have and visited the town in which I live. I think that we really do need a broad, broad kind of crime that can be used to try and stifle to have some laws on the books that tells people that this is not people from going and protesting, people from complaining, an open door state where people can come in and cause people from trying to assert their First Amendment rights. This is destruction to people's property and that we do look unfavorably a bill, which has been intended Legislature after Legislature to on it. I would ask that we defeat the pending motion so that we stifle people who want to protest things that are happening. If can move this bill along. Thank you Mr. Speaker. there are people who have concerns about environmental The SPEAKER: A roll call has been ordered. The pending damage, people have concerns about solid waste disposal, be question before the House is Indefinite Postponement of the Bill very careful. We are about to give a tool to those companies that and all Accompanying Papers. All those in favor will vote yes, want to get their way that way. We don't need additional those opposed will vote no. definitions for criminal mischief. We already have laws that more ROLL CALL NO. 554 than cover it. What we don't need to do here in this state is YEA - Adams, Ash, Babbidge, Barstow, Beaudette, create an avenue for companies to stifle descent or stifle people Blanchard, Blanchette, Bliss, Brannigan, Brautigam, Bryant, from speaking out about problems with environmental hazards Burns, Cain, Canavan, Churchill, Craven, Cummings, Driscoll, and speaking out for the things that need to be brought out. I ask Duchesne, Dudley, Dunn, Duplessie, Eberle, Eder, Faircloth, you to vote this unnecessary law down and let the state continue Farrington, Finch, Fisher, Goldman, Hanley S, Harlow, Hogan, to operate as it has. It is unnecessary. We don't need it. Hutton, Jennings, Koffman, Lerman, Lundeen, Makas, Marley, The SPEAKER: The Chair recognizes the Representative Marraché, Mazurek, Miller, Mills, Norton, O'Brien, Patrick, Perry, from Bangor, Representative Blanchette. Pilon, Pingree, Piotti, Rines, Sampson, Schatz, Simpson, Representative BLANCHETTE: Thank you Mr. Speaker. Mr. Smith N, Smith W, Thompson, Tuttle, Twomey, Valentino, Speaker, Ladies and Gentlemen of the House. I know the hour is Watson, Webster, Wheeler, Mr. Speaker. late and we are all tired. I think you just have to understand that I NAY - Annis, Austin, Bierman, Bishop, Bowen, Bowles, fully understand where the good Representative from Waldoboro, Brown R, Browne W, Bryant-Deschenes, Campbell, Carr, Cebra, Representative Trahan, is coming from and the good Clark, Clough, Collins, Cressey, Crosby, Crosthwaite, Curley, Representative from Lincoln, Representative Carr. They come Curtis, Daigle, Davis G, Davis K, Dugay, Duprey, Edgecomb, from areas and they work in the woods and they are loggers. Fischer, Fitts, Fletcher, Flood, Glynn, Hall, Hamper, Hanley B, You have to know that if you want to read your book that the Hotham, Jackson, Jacobsen, Jodrey, Joy, Lansley, Lewin, Legislature has enacted laws that make it illegal to spike trees. Lindell, Marean, McCormick, McFadden, McKane, McKenney, We had a very, very serious problem within this state within the McLeod, Merrill, Millett, Moody, Moulton, Muse, Nass, Nutting, logging community of people wanting to demonstrate and when Paradis, Percy, Pinkham, Plummer, Rector, Richardson D, they stepped over the line and they put people's lives in danger, Richardson E, Richardson M, Richardson W, Rosen, Saviello, the Maine State Legislature enacted laws and it is on the books Seavey, Sherman, Shields, Stedman, Sykes, Tardy, Thomas, to protect those people. This law that I am asking you to oppose Trahan, Vaughan, Woodbury. enactment of will do nothing. I don't know how I can say that any ABSENT - Berube, Emery, Gerzofsky, Greeley, Grose, plainer. It will do absolutely nothing for anybody, because to Kaelin, Moore G, Ott, Pineau, Robinson, Walcott. begin with you have to catch them before you can prosecute Yes, 64; No, 76; Absent, 11; Excused, 0. them. Has anybody been caught? No, are the laws on the books 64 having voted in the affirmative and 76 voted in the if they are caught to prosecute? Yes. This is just a duplication of negative, with 11 being absent, and accordingly the motion to a set of laws, depending on whether it is aggravated mischief or INDEFINITELY POSTPONE the Bill and all accompanying criminal mischief with intent. We are not going to do what you papers FAILED. hope to do. A law does not enable the law enforcement, the Representative BLANCHETTE of Bangor REQUESTED a roll warden service, the State Police, any pinkerton agency you want call on PASSAGE TO BE ENACTED. More than one-fifth of the members present expressed a desire for a roll call which was ordered. The SPEAKER: The Chair recognizes the Representative from Waldoboro, Representative Trahan. Representative TRAHAN: Thank you Mr. Speaker and thank you Ladies and Gentlemen of the House. I really appreciate the opportunity to speak to this bill, whether you vote for it or not is irrelevant to me, but I really do want you to know that I appreciate having not Indefinitely Postponed it. I would like to correct the Record. I have sent a handout to you that discusses the Criminal Law Advisory Commission's position on this bill. It appears that they drafted this amendment. They didn't take a position. They didn't come out and take a vote to support it, but they did draft it. You can see by the letter that I sent out that they saw a weakness in the law or a place that needed to be addressed and the Attorney General's Office, in fact, wrote this amendment. I thought it was important that that be corrected for the Record so that when you do finally vote on this that you know that that happened and that that information was corrected. I do ask that this chamber support this legislation. I think it has been debated many years. I think it will be back before this body again until it is resolved. It is an issue that affects not only this state, but all the states of this nation who are facing this issue. I think it is time that we, I have said it before in previous debates, do something to address it. I think this is professionally done. It is done by the people that we have asked to do it. The CLAC Commission was established to this Legislature to do this type of thing. I would hope that this body would pass this. Thank you. The SPEAKER: The Chair recognizes the Representative from Van Buren, Representative Smith. Representative SMITH: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I would invite you to read this bill so you have some knowledge of what you are voting on. You are creating a whole new kind of crime here, which is completely unnecessary. We are dealing with making felons out of people who would intentionally damage, destroy, tamper with the property of another having no reasonable ground to believe the person has a right to do so for the purpose of

H-196 LEGISLATIVE RECORD - HOUSE, April 28, 2006 to bring in here that wants to try to track them down, they have to operations in Maine. It is about any personal relationship. If your catch them first. They have to prove that they actually meant to 16 year old son has a fight with his former best friend and throws do this. Nobody has ever been apprehended in this and an egg at that friend's bicycle on Halloween because the other prosecuted and this set of laws will not enable anybody to friend has made friends with somebody else or asked his apprehend any of these people that are doing this. I would urge girlfriend out or something. That is interfering with personal you to not put another set of laws on the books that are going to relationships. This bill carries an enormous price tag, ladies and stop people's freedom of expression. Whether you agree with it gentlemen, because every one of those misdemeanor crimes that or not, people have a right to demonstrate. People have a right carries up to a year in jail now, would now, under this bill, carry to protest within the United States. We are family. Our founding up to five years in prison for a simple prank, an act of simple fathers fought and died for this freedom. Because you don't criminal mischief. agree with them and because they are doing malicious mischief, I beg you. Don't distort the laws, the proportionality that has this set of laws is not going to stop that. What is going to stop it been viewed in our criminal code now by enacting this is the police protection to go out and correct these people, catch disproportionate bill. Thank you. them, convict them and jail them. Another set of laws will not The SPEAKER: A roll call has been ordered. The pending enable that to happen any faster. Thank you Mr. Speaker. question before the House is Passage to be Enacted. All those The SPEAKER: The Chair recognizes the Representative in favor will vote yes, those opposed will vote no. from Lincoln, Representative Carr. ROLL CALL NO. 555 Representative CARR: Thank you Mr. Speaker. Mr. YEA - Annis, Austin, Bierman, Bishop, Bowen, Bowles, Speaker, Ladies and Gentlemen of the House. I just want to Browne W, Bryant-Deschenes, Campbell, Carr, Cebra, Clark, touch a bit upon the previous speaker and she brought up some Clough, Collins, Cressey, Crosby, Crosthwaite, Curley, Curtis, valid points that there are laws that would cover this. I think it is Daigle, Davis G, Davis K, Dugay, Duprey, Edgecomb, Fischer, important for us to remember that we deal with bills, legislation Fitts, Fletcher, Flood, Glynn, Hall, Hamper, Hotham, Jackson, every day here that already has laws that will cover what we Jacobsen, Jodrey, Joy, Lansley, Lewin, Lindell, Marean, presently have. In this particular case what we would like to do is Marraché, McCormick, McFadden, McKane, McKenney, McLeod, to have penalties included in that law that would have some teeth Merrill, Millett, Moody, Moulton, Muse, Nass, Nutting, Paradis, in in the same as the other bills that we have been dealing with Percy, Pinkham, Plummer, Rector, Richardson D, Richardson E, here like "Tina's Law" and some of the other things. I know that Richardson M, Richardson W, Rosen, Saviello, Seavey, the Criminal Justice Committee spent a great deal of time this Sherman, Shields, Stedman, Tardy, Thomas, Trahan, Vaughan, year dealing with the situation involving the bill that was passed Woodbury. on "Tina's Law." All of the things that happened in that were NAY - Adams, Ash, Babbidge, Barstow, Beaudette, already covered by laws on the books that could have been Blanchard, Blanchette, Bliss, Brannigan, Brautigam, Brown R, prosecuted. That committee and all of us here in this body Bryant, Burns, Cain, Canavan, Churchill, Craven, Cummings, thought that it was much more important to have laws that fit the Driscoll, Duchesne, Dudley, Dunn, Duplessie, Eberle, Eder, crime. I believe that this bill here fits the crime in which we are Faircloth, Farrington, Finch, Fisher, Goldman, Hanley B, trying to protect. Hanley S, Harlow, Hogan, Hutton, Jennings, Koffman, Lerman, I think it is very important to have it on the books, whether we Lundeen, Makas, Marley, Mazurek, Miller, Mills, Norton, O'Brien, do catch them or don't. We don't always catch the bad guys, but Patrick, Perry, Pilon, Pingree, Piotti, Rines, Sampson, Schatz, sometimes we do and when we do we should be prepared to Simpson, Smith N, Smith W, Sykes, Thompson, Tuttle, Twomey, make sure that they receive the punishment that they deserve. Valentino, Watson, Webster, Wheeler, Mr. Speaker. Thank you Mr. Speaker. ABSENT - Berube, Emery, Gerzofsky, Greeley, Grose, The SPEAKER: The Chair recognizes the Representative Kaelin, Moore G, Ott, Pineau, Robinson, Walcott. from Farmington, Representative Mills. Yes, 74; No, 66; Absent, 11; Excused, 0. Representative MILLS: Thank you Mr. Speaker. Mr. 74 having voted in the affirmative and 66 voted in the Speaker, Ladies and Gentlemen of the House. My objections to negative, with 11 being absent, and accordingly the Bill was this bill are somewhat different than those of the previous speakers. Let me clarify what is in the law right now if I may. First of all, aggravated reckless conduct is a Class B felony carrying a penalty of up to 10 years. That is when a person with terrorist intent engages in conduct that, in fact, creates a substantial risk of serious bodily injury to another person. That is a Class B felony. The higher than Class C felony that is being proposed here today. It is already a Class C felony to damage or destroy the property of someone else in excess of $2,000 in value. It is not hard to do. Almost every car scratching amounts to that these days. It is a Class C felony now to damage or destroy property in an amount exceeding $2,000 to collect insurance or to damage or destroy or tamper with the property of another and thereby recklessly endanger human life. Those are valid concerns when there is a high value involved, a danger to human life. These are some of the things, these elements that people have talked about on the floor when debating this bill. They are already in the law. My problem with this bill, and I mentioned before in debate when we defeated this bill before on April 5 by a vote of 73 to 68. I have already prosecuted, a dozen or so years ago, some acts of so-called environmental terrorism and actually sent people to jail for spiking trees and the like and acts of what some would call free speech, but many of us called it aggravated criminal mischief in that case. Those people were duly punished because we caught them and prosecuted them. They went to trial. My problem with this bill is that it is so overbroad it is not directed at one particular kind of speech or kind of act. It actually makes a felony out of the roughly 2,000 misdemeanor criminal mischief cases that we see in the courts in the course of a year in the State of Maine. Criminal mischief cases that range from throwing eggs on Halloween to scratching somebody's car, your enemy's car, your former best friend's car to throwing pails of water out the window or something like that. Criminal mischief ranges the gamut. My fear is the language of this bill makes a felony out of every kid who commits a prank on Halloween night because a lot of those pranks are done for the purpose of interfering with personal relationships of other people. What does that mean, interfering with personal relationships? It isn't just interfering with logging industries relationships with their lawyers or their agents or their business

PASSED TO BE ENACTED, signed by the Speaker and sent to An Act To Appropriate Matching Funds for the Construction of the Senate. a Community Center in Oxford Hills ______(H.P. 405) (L.D. 550) (C. "A" H-1079) Acts Was reported by the Committee on Engrossed Bills as truly An Act To Make Revisions to the Laws Governing Pesticide and strictly engrossed. Control On motion of Representative BLANCHETTE of Bangor, was (H.P. 1330) (L.D. 1890) SET ASIDE. (CC. "A" S-642) The same Representative REQUESTED a roll call on Reported by the Committee on Engrossed Bills as truly and PASSAGE TO BE ENACTED. strictly engrossed, PASSED TO BE ENACTED, signed by the More than one-fifth of the members present expressed a Speaker and sent to the Senate. desire for a roll call which was ordered. ______The SPEAKER: A roll call has been ordered. The pending question before the House is Passage to be Enacted. All those Acts in favor will vote yes, those opposed will vote no. An Act Regarding the So-called Katie Beckett Benefits in the ROLL CALL NO. 556 MaineCare Program YEA - Adams, Annis, Austin, Barstow, Beaudette, Bierman, (S.P. 93) (L.D. 273) Bishop, Blanchard, Bowen, Bowles, Brannigan, Brown R, (C. "A" S-647) Browne W, Bryant, Bryant-Deschenes, Cain, Campbell, Carr, Reported by the Committee on Engrossed Bills as truly and Cebra, Churchill, Clough, Collins, Craven, Cressey, Crosby, strictly engrossed, PASSED TO BE ENACTED, signed by the Crosthwaite, Cummings, Curley, Curtis, Daigle, Davis G, Davis K, Speaker and sent to the Senate. Dudley, Duprey, Eder, Edgecomb, Fischer, Fisher, Fitts, Fletcher, ______Flood, Glynn, Goldman, Hall, Hamper, Hanley B, Hanley S, Harlow, Hotham, Jacobsen, Jennings, Jodrey, Joy, Koffman, Mandate Lansley, Lewin, Lindell, Lundeen, Marean, McCormick, Resolve, Establishing an Apportionment Commission To McFadden, McKane, McKenney, McLeod, Merrill, Millett, Mills, Develop New Cumberland County Commissioner Districts Moulton, Muse, Nass, Nutting, O'Brien, Paradis, Perry, Pilon, (H.P. 1236) (L.D. 1728) Pingree, Pinkham, Piotti, Plummer, Rector, Richardson D, (S. "A" S-639 to C. "A" H-840) Richardson E, Richardson M, Richardson W, Rosen, Saviello, Was reported by the Committee on Engrossed Bills as truly Schatz, Sherman, Shields, Simpson, Stedman, Sykes, Tardy, and strictly engrossed. In accordance with the provisions of Thomas, Trahan, Valentino, Vaughan, Webster, Mr. Speaker. Section 21 of Article IX of the Constitution, a two-thirds vote of all NAY - Ash, Babbidge, Blanchette, Bliss, Brautigam, Burns, the members elected to the House being necessary, a total was Canavan, Clark, Driscoll, Duchesne, Dunn, Eberle, Faircloth, taken. 96 voted in favor of the same and 42 against, and Farrington, Finch, Gerzofsky, Hogan, Hutton, Jackson, Lerman, accordingly the Mandate FAILED FINAL PASSAGE and was Makas, Marley, Marraché, Miller, Moody, Norton, Percy, Rines, sent to the Senate. Sampson, Smith N, Thompson, Tuttle, Twomey, Watson, ______Wheeler, Woodbury. ABSENT - Berube, Dugay, Duplessie, Emery, Greeley, Resolves Grose, Kaelin, Mazurek, Moore G, Ott, Patrick, Pineau, Resolve, To Lower the Cost of State Government by Robinson, Seavey, Smith W, Walcott. $1,000,000 Annually Yes, 99; No, 36; Absent, 16; Excused, 0. (S.P. 457) (L.D. 1330) 99 having voted in the affirmative and 36 voted in the (C. "A" S-636) negative, with 16 being absent, and accordingly the Bill was Was reported by the Committee on Engrossed Bills as truly PASSED TO BE ENACTED, signed by the Speaker and sent to and strictly engrossed. the Senate. On motion of Representative MILLS of Farmington, was SET ASIDE. The same Representative REQUESTED a roll call on FINAL PASSAGE. More than one-fifth of the members present expressed a desire for a roll call which was ordered. The SPEAKER: The Chair recognizes the Representative from Farmington, Representative Mills. Representative MILLS: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. I believe this was a bill we dealt with earlier in today's session. Many questions were left unanswered, in my view at least, about how this bill will be implemented. What kind of report is expected back in October of this year by the administration? What kind of savings is intended to be achieved and exactly how? The bill seems to assume, if I recall its language correctly, that there are certain "political positions" in which they would easily be terminated at the whim of the supervising officials, thus saving the state $1 million. It seems a bit fanciful to me to suggest that we can just wave a magic wand and save such a large amount of money by cutting unnamed and unidentified positions in state government. It seems to me that the various committees of jurisdiction did the yeomen's work last year and earlier this year in cutting the state budget. We cut about $110 million last year towards the end of the session by cutting positions in just about every department of state government. Some of them were so-called "political positions" and some of them not. Some of them were state funded. Some of them were special revenue funded. Some of them not. I would ask that you vote against final passage of this Resolve because I don't think it is necessary and I think it diminishes and demeans the work of all the committees, not just Appropriations in what they have done in the last year in cutting positions in state government. On motion of Representative CUMMINGS of Portland, TABLED pending FINAL PASSAGE and later today assigned. (Roll Call Ordered) ______

______

Acts An Act To Ensure the Continued Ability of the Maine Economic Growth Council To Produce the Measures of Growth Report (S.P. 744) (L.D. 1946) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. ______

Emergency Measure An Act To Enhance the Protection of Maine Families from Terrorism and Natural Disasters (S.P. 789) (L.D. 2044) (H. "D" H-1066 and S. "B" S-651 to C. "A" S-575) Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two- thirds vote of all the members elected to the House being necessary, a total was taken. 113 voted in favor of the same and 4 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. ______

UNFINISHED BUSINESS The following matter, in the consideration of which the House was engaged at the time of adjournment yesterday, had preference in the Orders of the Day and continued with such preference until disposed of as provided by House Rule 502. Bill "An Act To Encourage Reporting of Potential Fraud in State Government" (S.P. 658) (L.D. 1741) - In Senate, PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-543). TABLED - April 14, 2006 (Till Later Today) by Representative SIMPSON of Auburn. PENDING - ADOPTION OF HOUSE AMENDMENT "B" (H- 1027) to COMMITTEE AMENDMENT "A" (S-543). (Roll Call Ordered) Representative TRAHAN of Waldoboro WITHDREW his request for a roll call. Subsequently, Representative SIMPSON of Auburn WITHDREW her motion to ADOPT House Amendment "B" (H- 1027) to Committee Amendment "A" (S-543). The same representative PRESENTED House Amendment "C" (H-1081) to Committee Amendment "A" (S-543), which was READ by the Clerk and ADOPTED. Committee Amendment "A" (S-543) as Amended by House Amendment "C" (H-1081) thereto was ADOPTED. The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-543) as Amended by House Amendment "C" (H-1081) thereto in NON- CONCURRENCE and sent for concurrence. ______

After Midnight ______

H-200 Page 201

April 29, 2006 45th Legislative Day

SENATE PAPERS The following Joint Order: (S.P. 858) ORDERED, the House concurring, that when the House and Senate adjourn, they do so until Monday, May 22, 2006, at 10:00 in the morning. Came from the Senate, READ and PASSED. READ and PASSED in concurrence. ______

On motion of Representative RICHARDSON of Brunswick, the House adjourned at 1:00 a.m. on April 29, 2006, until 10:00 a.m., Monday, May 22, 2006 pursuant to the Joint Order (S.P. 858).